Sutherland v. Yates et al

Filing 88

ORDER GRANTING 86 Plaintiff's Motion for Leave to File Late Reply and ORDER Deeming 87 Reply Timely Filed signed by Magistrate Judge Gary S. Austin on 11/13/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE LATE
REPLY
(Doc. 86.)

Plaintiff,

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1:09-cv-02152-LJO-GSA-PC

WILLIAM SUTHERLAND,

vs.
JAMES A. YATES, et al.,

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ORDER DEEMING REPLY TIMELY
FILED
(Doc. 87.)

Defendants.

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I.

BACKGROUND

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William Sutherland ("Plaintiff") is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on December 11, 2009. (Doc. 1.) This action now proceeds on the

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First Amended Complaint, filed by Plaintiff on December 6, 2010, against defendants C/O A.

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Fernando and C/O M. Jericoff for use of excessive force; against defendant Warden James

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Yates for failure to protect Plaintiff; and on Plaintiff's related state claims. (Doc. 15.)

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On September 6, 2013, Plaintiff filed a Rule 37(b) motion. (Doc. 78.) On October 10,
2013, Defendants filed an opposition. (Doc. 83.)

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On November 12, 2013, Plaintiff filed a motion for leave to file a late reply to

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Defendants’ opposition. (Doc. 86.) Plaintiff also filed the reply on November 12, 2013. (Doc.

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87.) Good cause appearing, Plaintiff’s motion shall be granted.
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Accordingly, good cause having been presented to the court and GOOD CAUSE
APPEARING THEREFOR, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s Rule 37(b) motion is GRANTED; and

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Plaintiff’s motion for leave to file a late reply to Defendants’ opposition to

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Plaintiff’s reply to Defendants’ opposition, filed on November 12, 2013, is

DEEMED timely filed.

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IT IS SO ORDERED.
Dated:

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November 13, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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