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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL PHILLIPS,

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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)

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On August 25, 2017, this court granted defendant’s motion to dismiss plaintiff’s

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complaint with leave to amend. (Doc. No. 34.) On September 22, 2017, plaintiff Darryl Phillips

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filed a motion for an extension to file an amended complaint. (Doc. No. 37.) Therein, plaintiff

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represents that he has been attempting to obtain counsel to represent him in this matter and argues

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that given the relative dearth of attorneys familiar with military law, he requires additional time to

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file a second amended complaint. (Id.) On September 25, 2017, plaintiff Phillips also filed an

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unexecuted stipulation to the same effect. (See Doc. No. 41.) On that same day, defendant filed a

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notice with the court expressing no position with respect to plaintiff’s motion, but requesting sixty

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days to file a response, in accordance with Rule 12(a)(2) of the Federal Rules of Civil Procedure,

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should plaintiff’s motion be granted and an amended complaint be filed. (Doc. No. 36.)

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The court finds good cause to grant plaintiff an extension of time to file his second

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amended complaint. The court further notes, however, that it is not inclined to grant plaintiff any
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further extension of the time to file an amended complaint absent compelling circumstances.

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Accordingly,

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1. Plaintiff’s motion for an extension of time to file a second amended complaint (Doc.
No. 37) is granted;1

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2. If he wishes to pursue this action, plaintiff shall file a second amended complaint

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within thirty (30) days of the date of service of this order;

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3. Any failure to file a second amended complaint within the time provided will likely

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result in the dismissal of this action; and

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4. Should plaintiff timely file a second amended complaint, defendant shall file and serve

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a response in accordance with Rule 12(a) of the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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Dated:

September 27, 2017
UNITED STATES DISTRICT JUDGE

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Plaintiff’s separate unsigned stipulation (Doc. No. 41) is therefore denied as having been
rendered moot by this order.
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