Cavanaugh v. Youngblood et al

Filing 25

ORDER GRANTING 24 Defendants' Ex Parte Application for an Extension of Time to File the Responsive Pleading, signed by Magistrate Judge Jennifer L. Thurston on 12/10/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK J. CAVANAUGH,
Plaintiff,

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v.
DONNY YOUNGBLOOD, et al.,
Defendants.

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Case No.: 1:17-cv-00832-DAD- JLT
ORDER GRANTING DEFENDANTS’ EX PARTE
APPLICATION FOR AN EXTENSION OF TIME
TO FILE THE RESPONSIVE PLEADING
(Doc. 24)

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Defendants Stirling Price, David Landrum, David Fennell, Dillion Morgan, and Christopher

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Guzman seek a “one-week extension of time to respond to the complaint, from December 8, 2017 to

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December 15, 2017.” (Doc. 24 at 2) Defendants request the extension, reporting their attorney, Lisa

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Tillman, “emailed Plaintiff’s counsel a meet-and-confer letter outlining her clients anticipated

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challenges to the complaint” on December 6, 2017. (Id.) According to Ms. Tillman, counsel for

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Plaintiff, Ken Karan, “kindly agreed to a one-week extension of the deadline for Defendants' response

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to the complaint” for the parties to have sufficient time for the meet-and-confer process. (Id. at 3,

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Tillman Decl. ¶ 4)

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Pursuant to Local Rule 144(c), “The Court may, in its discretion, grant an initial extension ex

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parte upon the affidavit of counsel that a stipulation extending time cannot reasonably be obtained,

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explaining the reasons why such a stipulation cannot be obtained and the reasons why the extension is

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necessary.” Though Defendants have not filed a stipulation, Ms. Tillman reports under penalty of

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perjury that counsel for Plaintiff has stipulated to the extension. (Doc. 3 at 3, ¶ 4) In addition,

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Defendants have explained the extension is necessary for the parties to meet and confer regarding

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Defendants’ anticipated response to the complaint.

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Based upon the stipulation of the parties and good cause appearing, the Court ORDERS:

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1.

Defendants’ ex parte application for an extension of time (Doc 24) is GRANTED; and

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2.

Defendants Stirling Price, David Landrum, David Fennell, Dillion Morgan, and

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Christopher Guzman SHALL file a responsive pleading no later than

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December 15, 2017.

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IT IS SO ORDERED.
Dated:

December 10, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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