Samuels v. Ahlin et al

Filing 109

ORDER Overruling Plaintiff's Objections to County Defendants' Request for Brief Extension of Time to File Answer 108 , signed by Magistrate Judge Erica P. Grosjean on 10/26/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOUGAL SAMUELS,

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v.

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Case No. 1:10-cv-00585-DAD-EPG (PC)
Plaintiff, ORDER OVERRULING PLAINTIFF’S
OBJECTIONS TO COUNTY
DEFENDANTS’ REQUEST FOR BRIEF
EXTENSION OF TIME TO FILE ANSWER

PAM AHLIN, et al.,

(ECF NO. 108)
Defendants.

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On October 15, 2018, the County Defendants filed a motion for an extension of time in

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which to file their answer. (ECF No. 106). As there is a pending motion for reconsideration of

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the order denying their motion to dismiss, the County Defendants asked that they be given five

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days from the date of the Court’s ruling on the motion for reconsideration to file their answer,

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unless a different time frame is stated in the ruling.

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On October 17, 2018, the Court granted the County Defendants’ request. (ECF No. 107).

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On October 25, 2018, Plaintiff filed objections to the County Defendants’ Request. (ECF

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No. 108). Plaintiff appears to argue that the request is moot because his request for an extension

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of time to object to the findings and recommendations was denied.

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Defendants’ request for an extension of time to file their answer is not related to Plaintiff’s

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request for an extension of time to respond to objections that were already overruled. Thus, the

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County Defendants’ request for an extension is not moot.

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However, the County

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Plaintiff also argues that the County Defendants should not be allowed to request

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reconsideration of District Judge Dale A. Drozd’s order denying the County Defendants’ motion

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to dismiss. However, the request for an extension of time relates to when the County Defendants

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must file their answer. The legal issue regarding whether reconsideration is proper is before

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Judge Drozd in the motion for reconsideration.

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Accordingly, IT IS ORDERED that Plaintiff’s objections to the County Defendants’ request
for an extension of time are OVERRULED.

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IT IS SO ORDERED.
Dated:

October 26, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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