Hernandez v. Jordan et al

Filing 27

ORDER GRANTING defendant Costner's request for an extension of one day to file response to order to show cause issued on 12/9/2010, document 18 ; response due by 12/28/2010; order signed by Magistrate Judge Sandra M. Snyder on 12/29/2010. (Rooney, M)

(PC) Hernandez v. Jordan et al

Doc. 27

1 2 3 4 5 6 7

James J. Arendt, Esq. Bar No. 142937 Roy C. Santos, Esq. Bar No. 259718
WEAKLEY, ARENDT & McGUIRE, LLP 1630 East Shaw Avenue, Suite 176 Fresno, California 93710 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant, JOSH COSTNER UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 9 10 ANGEL H. HERNANDEZ, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff, ) ) ) v. ) ) ) SENIOR DEPUTY COSTNER, ) ) ) Defendants. ) ____________________________________ ) CASE NO. 1:09-cv-00268-LJO-SMS EX PARTE REQUEST REGARDING LATE FILING OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT SHOULD NOT BE ENTERED [DOCUMENT NO. 18]; DECLARATION OF JAMES J. ARENDT IN SUPPORT THEREOF; ORDER THEREON

Defendant respectfully requests relief from the Court by allowing a one day extension in the filing of his response to the Court's order to show cause why default judgment should not be entered. As more fully outlined in Deputy Costner's Response to Order to Show Cause Why Default Judgment Should Not Be Entered, on December 9, 2010, the Court issued an order requiring Deputy Costner to show cause why a default judgment should not be entered against him. Doc. No. 18. The response was to be filed by December 27, 2010. However, on December 27, 2010, counsel for Deputy Costner, James J. Arendt, was out of the office due to illness and did not return until December 28, 2010. Immediately upon returning to his office and realizing the response had not been filed in his absence, Mr. Arendt finalized it and requested that it be electronically filed and served on the plaintiff. Defendant respectfully requests r relief from the Court by allowing a one day delay in the filing ____________________________
E x Parte Request Re: Late Filing o f Response To Order To Show Cause W h y Default Judgment Should Not Be Entered

Dockets.Justia.com

1 2 3

of this document. Good cause exists due to being out ill and no prejudice resulted to plaintiff. Further, for the sake of expediency, defendant is filing the response concurrently with this ex parte request. DATED: December 28, 2010

4 5 By: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WEAKLEY, ARENDT & McGUIRE, LLP /s/ James J. Arendt Attorneys for Defendant

DECLARATION OF JAMES J. ARENDT IN SUPPORT OF EX PARTE REQUEST REGARDING LATE FILING OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT SHOULD NOT BE ENTERED I , James J. Arendt, declare as follows: 1. I am an attorney at law, duly licensed to practice before the courts in the State of

California and the United States District Court for the Eastern District of California. I am a partner in the law firm of Weakley, Arendt & McGuire, LLP, the attorneys of record for defendant JOSH COSTNER. As such, I have personal knowledge of the matters set forth herein, except those matters stated on information and belief, and would so testify. 2. This declaration is made in support of Deputy Costner's response to the Court's order

to show cause why default judgment should not be entered. 3. On December 9, 2010, the Court issued an order requiring Deputy Costner to show

cause why a default judgment should not be entered against him. Doc. No. 18. The response was to be filed by December 27, 2010. 4. However, on December 27, 2010, I was out of the office due to illness and did not

return until December 28, 2010. Immediately upon returning to my office and realizing the response had not been filed I finalized it and requested that it be electronically filed and served on the plaintiff. 5. I respectfully request relief from the Court by allowing a one day delay in the filing of

this document. Good cause exists due to being out ill and no prejudice resulted to plaintiff. Further, for the sake of expediency, defendant is filing the response concurrently with this ex parte request. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge and belief and that this declaration was executed on December ____________________________
E x Parte Request Re: Late Filing o f Response To Order To Show Cause W h y Default Judgment Should Not Be Entered

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

28, 2010, in Fresno, California. /s/ James J. Arendt James J. Arendt

ORDER Good causes exists for the one day delay in the filing of Defendant's response to the Court's order to show cause why default judgment should not be entered. Defendant may file the response by December 28, 2010.

IT IS SO ORDERED.

DATED: December 29, 2010 /s/ SANDRA M. SNYDER Honorable Sandra M. Snyder United States District Court Magistrate Judge

____________________________
E x Parte Request Re: Late Filing o f Response To Order To Show Cause W h y Default Judgment Should Not Be Entered

3