Phillips v. Secretary of Navy

Filing 42

ORDER Granting Plaintiff's 37 Motion for Extension of Time to File a Second Amended Complaint signed by District Judge Dale A. Drozd on 09/27/2017. Thirty-Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRYL PHILLIPS, 12 13 14 15 No. 1:16-cv-01944-DAD-SKO Plaintiff, v. SECRETARY OF NAVY, Defendant. ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE A SECOND AMENDED COMPLAINT (Doc. Nos. 37, 41) 16 17 On August 25, 2017, this court granted defendant’s motion to dismiss plaintiff’s 18 complaint with leave to amend. (Doc. No. 34.) On September 22, 2017, plaintiff Darryl Phillips 19 filed a motion for an extension to file an amended complaint. (Doc. No. 37.) Therein, plaintiff 20 represents that he has been attempting to obtain counsel to represent him in this matter and argues 21 that given the relative dearth of attorneys familiar with military law, he requires additional time to 22 file a second amended complaint. (Id.) On September 25, 2017, plaintiff Phillips also filed an 23 unexecuted stipulation to the same effect. (See Doc. No. 41.) On that same day, defendant filed a 24 notice with the court expressing no position with respect to plaintiff’s motion, but requesting sixty 25 days to file a response, in accordance with Rule 12(a)(2) of the Federal Rules of Civil Procedure, 26 should plaintiff’s motion be granted and an amended complaint be filed. (Doc. No. 36.) 27 The court finds good cause to grant plaintiff an extension of time to file his second 28 amended complaint. The court further notes, however, that it is not inclined to grant plaintiff any 1 1 further extension of the time to file an amended complaint absent compelling circumstances. 2 Accordingly, 3 1. Plaintiff’s motion for an extension of time to file a second amended complaint (Doc. No. 37) is granted;1 4 5 2. If he wishes to pursue this action, plaintiff shall file a second amended complaint 6 within thirty (30) days of the date of service of this order; 7 3. Any failure to file a second amended complaint within the time provided will likely 8 result in the dismissal of this action; and 9 4. Should plaintiff timely file a second amended complaint, defendant shall file and serve 10 a response in accordance with Rule 12(a) of the Federal Rules of Civil Procedure. 11 IT IS SO ORDERED. 12 Dated: September 27, 2017 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff’s separate unsigned stipulation (Doc. No. 41) is therefore denied as having been rendered moot by this order. 2

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