Jack v. County of Stanislaus et al

Filing 32

ORDER Ex Parte Application for One Day Extension of Time 31 , signed by District Judge Anthony W. Ishii on 1/30/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES JACK, JR.,

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Plaintiff

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CASE NO. 1:17-CV-0520 AWI SAB
ORDER EX PARTE APPLICATION
FOR ONE DAY EXTENSION OF TIME

v.
STANISLAUS COUNTY DEPUTY
SHERIFF ERIC PEARSON and
STANISLAUS COUNTY DEPUTY
SHERIFF CODY GUNSOLLEY ,

(Doc. Nos. 31)

Defendants

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On January 16, 2018, the Court denied Defendants’ motion to dismiss and granted
Plaintiff’s motion to amend. See Doc. No. 29. The Court gave Plaintiff ten days in which to file a

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Second Amended Complaint, but warned Plaintiff that the failure to timely file the amended
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complaint would lead to the automatic withdrawal of leave to amend and trigger Defendants’

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obligation to file an answer to the First Amended Complaint. See id.
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On January 29, 2018, Plaintiff filed a Second Amended Complaint and ex parte application
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for additional time. See Doc. Nos. 30, 31. In the ex parte application, Plaintiff requests a one day
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extension of time so that the Second Amended Complaint may be deemed timely filed. See Doc.
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No. 31. Plaintiff argues that there is no prejudice to the defense by a one business day extension
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of time, and that a calendaring error is the reason why the amended complaint was filed late. See
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id.
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After consideration, the Court will grant the extension of time and accept the Second

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Amended Complaint as timely. Given the early stages of this case, and the prompt filing of the

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complaint and the application on the next business day after the deadline, the Court does not find

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bad faith or prejudice. However, for future deadlines, the Court expects all parties to ensure that

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deadlines are properly calendared and followed.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s ex parte application for additional time (Doc. No. 31) is GRANTED;

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2.

The deadline to file the Second Amended Complaint is EXTENDED to January 29, 2018;

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3.

The Second Amended Complaint (Doc. No. 30) is deemed TIMELY and constitutes that

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active and operative complaint in this matter;
4.

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Within twenty (20) days of January 29, 2018, Defendants shall file an answer or other
appropriate response to the Second Amended Complaint; and

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This matter is referred back to the Magistrate Judge for the purpose of conducting a
scheduling conference and entering a scheduling order.

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IT IS SO ORDERED.
Dated: January 30, 2018
SENIOR DISTRICT JUDGE

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