Flynn v. Canlas, et al.

Filing 31

ORDER granting 30 Motion for Extension of Time to file Joint Statement signed by Magistrate Judge Barbara A. McAuliffe on 11/28/2017. (Filing Deadline: 12/8/2017). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FLYNN, 12 Case No. 1:16-cv-01052-AWI-BAM (PC) Plaintiff, 13 v. 14 CANLAS, et al., 15 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE JOINT STATEMENT (ECF No. 30) Defendants. Joint Statement Due: December 8, 2017 16 17 18 19 Plaintiff David Flynn (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 27, 2017, Defendants filed a motion to compel answers to interrogatories, 20 requests for production of documents, and answers to questions at oral deposition. (ECF No. 28.) 21 On October 30, 2017, the Court issued an order staying briefing on the motion to compel, and 22 directing the parties to meet and confer and file a Joint Statement. (ECF No. 29.) 23 Currently before the Court is Defendants’ motion requesting an extension of time to meet 24 and confer and submit a Joint Statement pursuant to the Court’s October 30, 2017 order. (ECF 25 No. 30.) Defense counsel states that due to Plaintiff’s living situation, travel for depositions, and 26 the Thanksgiving holiday, the parties were unable to meet and confer or prepare the Joint 27 Statement prior to the deadline. Defense counsel further states that, based on representations in 28 Plaintiff’s correspondence, he is confident that the parties will be able to resolve their discovery 1 1 dispute, and therefore requests an extension of time to December 8, 2017 to comply with the 2 Court’s order. (Id.) 3 4 5 Although Plaintiff has not had an opportunity to respond to Defendants’ request, the Court finds a response unnecessary, and the motion is deemed submitted. Local Rule 230(l). Having considered the request, the Court finds good cause to modify the briefing schedule 6 in this matter. Fed. R. Civ. P. 6(b). The Court further finds that Plaintiff will not be prejudiced 7 by the extension of time requested here. 8 9 10 Accordingly, Defendants’ request for an extension of time to submit Joint Statement, (ECF No. 30), is GRANTED. The parties shall meet and confer regarding Defendants’ motion to compel and file a Joint Statement on or before December 8, 2017. 11 12 13 IT IS SO ORDERED. Dated: /s/ Barbara November 28, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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