Jones et al v. Tulare County et al

Filing 67

ORDER GRANTING motion for an extension of time, document 64 . A final deadline of May 1, 2017, will be set for plaintiff William Fabricius to file a Second Amended Complaint. The deadline will remain in place regardless of his status concerning lega l representation. No further requests for additional time will be granted. If Second Amended Complaint is not filed by May 1, 2017, the remainder of this case will be dismissed. Order signed by Magistrate Judge Erica P. Grosjean on 2/28/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENDY JONES, et al.,

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Plaintiffs,
v.

Case No. 1:15-cv-01779-EPG
ORDER GRANTING MOTION FOR
EXTENSION OF TIME
(ECF No. 64)

TULARE COUNTY, et al.,

60 DAY DEADLINE

Defendants.
On December 1, 2016, the Court dismissed Plaintiff William Fabricius’ First Amended

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Complaint (ECF No. 17) and granted leave for 30 days to file a Second Amended Complaint.
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(ECF No. 58.) On December 28, 2017, counsel for Fabricius filed a motion for extension of time
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requesting an additional 60 days to file his Second Amended Complaint. (ECF No. 62.) The
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motion indicated that the additional time was needed for “Mr. Fabricius to seek new counsel to

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continue with this case and more time is needed for him to find a new attorney to pursue his
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current outstanding legal requests related to this case.” (Id.) The Court granted the motion for an

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extension of time on the same day. (ECF No. 62.)
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On February 27, 2017, counsel for Fabricius filed a second motion for extension of time
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requesting another 60 days to file his Second Amended Complaint. (ECF No. 64.) Attorney
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Christine Garcia has simultaneously moved to withdraw as counsel for Fabricius. (ECF No. 65.)
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It has been nearly 90 days since Fabricius was granted leave to amend and approximately

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60 days since counsel expressed an intention to withdraw. The Court cannot indefinitely delay

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these proceedings to accommodate Fabricius.

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A final deadline of May 1, 2017 will be set for Fabricius to file a Second Amended

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Complaint. The deadline will remain in place regardless of his status concerning legal

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representation. No further requests for additional time will be granted. If Second Amended

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Complaint is not filed by May 1, 2017, the remainder of this case will be dismissed.

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IT IS SO ORDERED.
Dated:

February 28, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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