Villareal v. County of Fresno

Filing 102

ORDER granting in part Defendant's Request for extension of time to file responsive pleading 101 signed by Magistrate Judge Erica P. Grosjean on 3/26/2018. Filing Deadline: 4/30/2018.(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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ELAINE K. VILLAREAL,

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v.

Case No. 1:15-cv-01410-DAD-EPG (PC)
Plaintiff, ORDER GRANTING IN PART
DEFENDANT’S REQUEST FOR
EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING

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COUNTY OF FRESNO and SHERIFF
MARGARET MIMS,

(ECF NO. 101)

Defendants.

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On March 23, 2018, defendant County of Fresno filed a request for an extension of time to

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respond to the First Amended Complaint. (ECF No. 101). Defendant County of Fresno asks for

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additional time so that it can “evaluate the complaint and the joint County Defendants' potential

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responses thereto” (defendant Sheriff Margaret Mims was added as a defendant in the First

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Amended Complaint). (Id. at 2). Defendant Fresno of County “requests that the deadline for

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both Defendant's responses (assuming Defendant Mims is properly served by April 9, 2018)

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actually be extended to April 30. 2018. If Defendant Mims is not properly served by April 9,

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2018 (9+21days =30th), then Defendant requests the deadline be extended to the 21st day after

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the day service is properly effected.” (Id. at 1).

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The Court finds good cause to grant defendant County of Fresno’s request in part. As it is

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not clear when defendant Mims will be served, the Court will not grant defendant County of
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Fresno’s request that both defendants be given 21 days from after defendant Mims is served to

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file a responsive pleading. However, the Court will extend the date to respond to April 30, 2018.

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If defendant County of Fresno or defendant Mims needs additional time to respond, they can file

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another request for an extension.

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Accordingly, IT IS ORDERED that defendant County of Fresno shall file its responsive

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pleading to Plaintiff’s First Amended Complaint no later than April 30, 2018. If defendant Mims

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is served on or before April 9, 2018, defendant Mims shall file her responsive pleading to

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Plaintiff’s First Amended Complaint no later than April 30, 2018.

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IT IS SO ORDERED.
Dated:

March 26, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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