Reno Rios v. Gipson et al
Filing
126
ORDER on Defendants' Motion for Extension of Time 125 signed by Magistrate Judge Sheila K. Oberto on 12/14/2018. (Reply due by 12/17/2018). (Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RENO RIOS,
1:12-cv-01334 LJO-SKO (PC)
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Plaintiff, ORDER ON DEFENDANTS’ MOTION
FOR AN EXTENSION OF TIME
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v.
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(Doc. 125)
CONNIE GIPSON, et al.,
DEADLINE: December 17, 2018
Defendants.
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Plaintiff, Reno Rios, is a state prisoner proceeding pro se and in forma pauperis in this
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civil rights action under 42 U.S.C. § 1983. On February 2, 2018, Defendants filed a motion for
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summary judgment on the merits of Plaintiff’s claims. (Doc. 88.) Plaintiff filed an opposition
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(Docs. 111-115) and Defendants filed a motion seeking a 60-day extension of time to file the
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reply (Doc. 116). Rather than granting Defendants the requested extension of time, the District
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Judge assigned to this action ordered Defendants to file a supplement to their motion, with which
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Defendants complied. (Docs. 117, 119.)
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Upon filing Defendants’ supplement, Plaintiff was granted thirty (30) days to file a
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supplement to his opposition and Defendants were granted fourteen (14) days to file a reply.
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(Doc. 120.) Plaintiff complied with the deadline to supplement his opposition. (see Doc. 122.)
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Defendants requested a thirty (30) day extension to file a reply, which was granted due to a
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change in defense counsel by the Attorney General’s office. (Doc. 124.)
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On December 13, 2018, Defendants filed a motion seeking a seven-day extension of time
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to file their reply in support of the motion for summary judgment, which is currently due today—
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December 14, 2018. Defendants indicate that this extension is necessary because of deadlines in
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four other cases counsel’s supervisory duties, including as a panel member for moot oral
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arguments this week and the need to review a response brief in the Ninth Circuit which is due on
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the same day as the requested extension in this case. (Doc. 125, p. 2.) The Court notes that two
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of the cases with deadlines listed by defense counsel were listed in their previous request for the
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extension of time. (Compare Doc. 125 ¶4 with Doc. 123 ¶5.) Only one of the actions with
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pressing deadlines listed by Defendants is older than this action. (Doc. 125, ¶4.)
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A request for an extension of time made by Defendants’ prior counsel based on deadlines
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in other actions was previously noted by the District Court assigned to this case as not
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establishing good cause. (See Docs. 116, 117.) Supervisory duties consisting of hearing moot
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oral arguments and reviewing other attorneys’ work product in other cases also fail to equate to
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good cause. Further, the order which granted Plaintiff thirty (30) days to file a supplemental
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opposition and Defendants fourteen (14) days to file a reply, noted that the deadlines scheduled
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exceeded those provided under Local Rule 230 (l) and that no further extensions of time would be
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granted. (Doc. 120.) Defendants were nonetheless granted a thirty-day extension because of a
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change in defense counsel. (Docs. 123, 124.)
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Defendants and their current counsel have already had over a month and a half to prepare
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their reply. Defendants have not shown good cause for another seven-day extension of time.
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However, because Defendants waited until the eleventh hour to file their motion, and the current
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deadline is today, Defendants may have a brief extension, through Monday, December 17, 2018,
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to file a reply. Failure to file a reply by Monday, December 17, 2018, will result in the motion
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being deemed submitted. L.R. 230(l).
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Based on the foregoing, it is HEREBY ORDERED that Defendants are granted up to and
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including Monday, December 17, 2018, to file a reply in support of their motion for summary
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judgment. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED.
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IT IS SO ORDERED.
Dated:
December 14, 2018
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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