Guinn v. Sturm et al

Filing 87

ORDER GRANTING 85 Plaintiff's Motion for Extension of Time to File Opposition. Plaintiff shall have until February 15, 2013, to retain new counsel and for his counsel to file a notice of appearance; Any opposition to Defendants 9; motion to enforce the settlement shall be filed no later than February 22, 2013; This is the final extension of time Plaintiff will be provided to retain counsel and file an opposition to Defendants' motion; and Plaintiff's request to e-file on the Court's electronic docket is DENIED. Order signed by Magistrate Judge Sheila K. Oberto on 1/30/2013. (Timken, A)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 PAULO EUGENE GUINN, CASE NO. 1:10-cv-00320-LJO-SKO 14 15 16 ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE OPPOSITION Plaintiff, v. 17 J. STURM, et al., (Doc. No. 85) 18 Defendants. 19 / 20 21 On October 9, 2012, Defendants filed a motion to enforce a settlement agreement. (Doc. 22 72.) Counsel, who was representing Plaintiff at the time the motion to enforce the settlement 23 agreement was filed, subsequently sought and was granted permission to withdraw as Plaintiff's 24 attorney of record. (Doc. 80.) As a result, on November 29, 2012, the Court provided Plaintiff until 25 January 16, 2013, to retain new counsel and until January 25, 2013, to file an opposition to 26 Defendants' motion to enforce the settlement. (Doc. 81.) 27 On January 25, 2013, Plaintiff filed a motion for an extension of time to file an opposition 28 to Defendants' motion and additional time to retain counsel. Plaintiff's motion for an extension shall 1 be granted. 2 Plaintiff is cautioned, however, that this is the final extension of time he will be granted. 3 If Plaintiff is unable to retain counsel, he will nonetheless be expected to file any opposition to 4 Defendants' motion to enforce the settlement by the deadline set forth below. If Plaintiff fails 5 to timely file an opposition to Defendants' motion, the motion to enforce the settlement will be 6 considered submitted for decision, and this Court will issue its findings and recommendations 7 to the district court. 8 9 To the extent that Plaintiff's motion for an extension of time can be construed as a request for an order allowing him to e-file his documents, this request is DENIED. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiff's motion for an extension of time is GRANTED; 12 2. Plaintiff shall have until February 15, 2013, to retain new counsel and for his 13 counsel to file a notice of appearance; 14 3. 15 Any opposition to Defendants' motion to enforce the settlement shall be filed no later than February 22, 2013; 16 4. 17 This is the final extension of time Plaintiff will be provided to retain counsel and file an opposition to Defendants' motion; and 18 5. Plaintiff's request to e-file on the Court's electronic docket is DENIED. 19 20 IT IS SO ORDERED. 21 Dated: ie14hj January 30, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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