Flynn v. Canlas, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-01052-AWI-BAM (PC)
CANLAS, et al.,
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE JOINT
(ECF No. 30)
Joint Statement Due: December 8, 2017
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,
requests for production of documents, and answers to questions at oral deposition. (ECF No. 28.)
On October 30, 2017, the Court issued an order staying briefing on the motion to compel, and
directing the parties to meet and confer and file a Joint Statement. (ECF No. 29.)
Currently before the Court is Defendants’ motion requesting an extension of time to meet
and confer and submit a Joint Statement pursuant to the Court’s October 30, 2017 order. (ECF
No. 30.) Defense counsel states that due to Plaintiff’s living situation, travel for depositions, and
the Thanksgiving holiday, the parties were unable to meet and confer or prepare the Joint
Statement prior to the deadline. Defense counsel further states that, based on representations in
Plaintiff’s correspondence, he is confident that the parties will be able to resolve their discovery
dispute, and therefore requests an extension of time to December 8, 2017 to comply with the
Court’s order. (Id.)
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
in this matter. Fed. R. Civ. P. 6(b). The Court further finds that Plaintiff will not be prejudiced
by the extension of time requested here.
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.
IT IS SO ORDERED.
November 28, 2017
UNITED STATES MAGISTRATE JUDGE
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