Gonzalez v. Razo et al

Filing 67

ORDER DENYING Plaintiff's 64 Motion for Extension of Time and 65 Motion for Court to Instruct Defendants to Serve Plaintiff's Attorney; ORDER DIRECTING Clerk to Serve Plaintiff With a Copy of This Order, signed by Magistrate Judge Erica P. Grosjean on 6/16/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL ANTONIO GONZALEZ,
Plaintiff,

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1:15-cv-01098-DAD-EPG (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME AND MOTION
FOR COURT TO INSTRUCT
DEFENDANTS TO SERVE PLAINTIFF’S
ATTORNEY
(ECF NOS. 64 & 65)

v.
J. RAZO, et al.,
Defendants.

ORDER DIRECTING CLERK TO SERVE
PLAINTIFF WITH A COPY OF THIS
ORDER

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Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner, and is the plaintiff in this

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civil rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant state law claims.

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Plaintiff is represented by counsel. On June 15, 2017, Plaintiff filed a motion for extension of

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time (ECF No. 64) and a motion for the Court to instruct Defendants to serve Plaintiff’s

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attorney (ECF No. 65).

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Both of Plaintiff’s motions will be denied. Plaintiff is represented by counsel. If

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Plaintiff’s counsel needs an extension of time, he may ask for one. It is also Plaintiff’s

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counsel’s responsibility to ask the Court to open discovery, if Plaintiff’s counsel believes

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discovery is necessary to respond to the motion for summary judgment, and to file an

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opposition to the motion for summary judgment. Plaintiff cannot file motions separate and

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apart from his counsel.

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As to Plaintiff’s allegation that the motion for summary judgment was improperly
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served on Plaintiff but not his counsel, Plaintiff is mistaken. When the motion for summary

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judgment was filed, Plaintiff’s counsel was served electronically.

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Accordingly, Plaintiff’s counsel has been served with the motion, and there is no need for the

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Court to order Defendants to serve Plaintiff’s counsel with a copy of the motion.

Local Rule 135(a).

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Therefore, based on the foregoing, IT IS ORDERED that Plaintiff’s motion for

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extension of time and motion for the Court to instruct Defendants to serve Plaintiff’s attorney

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are DENIED.

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IT IS FURTHER ORDERED that the Clerk of Court is directed to serve Plaintiff with a
copy of this order.

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IT IS SO ORDERED.
Dated:

June 16, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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