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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID FLYNN,

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Case No. 1:16-cv-01052-AWI-BAM (PC)
Plaintiff,

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v.

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CANLAS, et al.,

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE JOINT
STATEMENT
(ECF No. 30)

Defendants.

Joint Statement Due: December 8, 2017

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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,

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requests for production of documents, and answers to questions at oral deposition. (ECF No. 28.)

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On October 30, 2017, the Court issued an order staying briefing on the motion to compel, and

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directing the parties to meet and confer and file a Joint Statement. (ECF No. 29.)

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Currently before the Court is Defendants’ motion requesting an extension of time to meet

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and confer and submit a Joint Statement pursuant to the Court’s October 30, 2017 order. (ECF

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No. 30.) Defense counsel states that due to Plaintiff’s living situation, travel for depositions, and

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the Thanksgiving holiday, the parties were unable to meet and confer or prepare the Joint

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Statement prior to the deadline. Defense counsel further states that, based on representations in

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Plaintiff’s correspondence, he is confident that the parties will be able to resolve their discovery
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dispute, and therefore requests an extension of time to December 8, 2017 to comply with the

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Court’s order. (Id.)

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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

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in this matter. Fed. R. Civ. P. 6(b). The Court further finds that Plaintiff will not be prejudiced

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by the extension of time requested here.

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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 28, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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