Leos v. Rasey et al

Filing 97

ORDER Denying Plaintiff's 95 Motion to Strike Defendants' Motion for Summary Judgment and Granting Plaintiff's 96 First Motion to Extend Time to File Opposition to Motion for Summary Judgment, signed by Magistrate Judge Jennifer L. Thurston on 8/9/17. 30-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-02029-LJO-JLT (PC)

JAMES LEOS,
Plaintiff,

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v.

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C. RASEY, et al.,
Defendants.

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ORDER DENYING PLAINTIFF’S MOTION
TO STRIKE DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT AND GRANTING
PLAINTIFF’S FIRST MOTION TO EXTEND
TIME TO FILE OPPOSITION TO MOTION
FOR SUMMARY JUDGMENT
(Docs. 95, 96)
30-DAY DEADLINE

On June 7, 2017, Defendants filed a motion to modify the discovery and scheduling order

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seeking to extend the dispositive motion deadline by two weeks. (Doc. 86.) On June 26, 2017,

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Defendants filed a motion for summary judgment. (Doc. 88.) The Court granted Defendants’

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motion to extend the dispositive motion deadline to June 26, 2017 nunc pro tunc on July 10,

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2017. (Doc. 93.) On July 14, 2017, Plaintiff filed a motion to strike Defendants’ motion for

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summary judgment and objections that it was untimely. (Doc. 95.) Defendants’ motion was thus

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timely filed and Plaintiff’s motion to strike is denied and objections to it as untimely are

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overruled.

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On July 31, 2017, Plaintiff filed a motion to extend time to file opposition to motion for
summary judgment. Good cause appearing, the Court ORDERS:
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Plaintiff’s motion to strike Defendants’ motion for summary judgment, filed on
July 14, 2017 (Doc. 95) is DENIED and any objections thereon are
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OVERRULED; and

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motion for summary judgment, filed on July 31, 2017 (Doc. 96), is GRANTED

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and Plaintiff has 30 days from the date of service of this order in which to file

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opposition to Defendants’ motion for summary judgment.

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Plaintiff’s motion for an extension of time to file an opposition to Defendants’

IT IS SO ORDERED.

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Dated:

August 9, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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