Phillips v. Secretary of Navy

Filing 50

ORDER GRANTING Ex-Parte Application for Continuance. The deadline by which Plaintiff shall file his second amended complaint is extended to December 15, 2017, and Defendant shall file and serve a response in accordance with Rule 12(a) of the Federal Rules of Civil Procedure. (See Doc. 42, 2:9-10.) Order signed by Magistrate Judge Sheila K. Oberto on 11/16/2017. (Timken, A)

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL PHILLIPS,
Plaintiff,
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vs.

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Case No.: 1:16-cv-01944-DAD-SKO
ORDER GRANTING EX-PARTE
APPLICATION FOR CONTINUANCE
(Doc. 49)

SECRETARY OF NAVY
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Defendant.
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Before the Court is Plaintiff’s Ex Parte Application requesting a 60-day extension of time

18 to file his second amended complaint. (Doc. 49.) On August 25, 2017, the Court granted
19 Defendant’s motion to dismiss Plaintiff’s original complaint with leave to amend. (Doc. 34.) On
20 September 27, 2017, the Court granted Plaintiff a 30-day extension of time to file his second
21 amended complaint. (Doc. 42.)
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Having considered Plaintiff’s Ex Parte Application (Doc. 49), indicating that Plaintiff

23 recently retained counsel, and in view of Defendant’s lack of opposition to Plaintiff’s request for
24 an extension, the Court finds that good cause has been shown to the extent of warranting a 30-day
25 extension of time. Fed. R. Civ. 15(a)(2). Accordingly, IT IS HEREBY ORDERED that the
26 deadline by which Plaintiff shall file his second amended complaint is extended to December 15,
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1 2017, and Defendant shall file and serve a response in accordance with Rule 12(a) of the Federal
2 Rules of Civil Procedure. (See Doc. 42, 2:9-10.)
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IT IS SO ORDERED.

5 Dated:
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November 16, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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