Cavanaugh v. Youngblood et al

Filing 27

ORDER GRANTING 26 Defendant Western States International Inc.'s Ex Parte Application for a Second Extension of Time to File the Responsive Pleading, signed by Magistrate Judge Jennifer L. Thurston on 12/16/2017. (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 DEFENDANT WESTERN
STATES INTERNATIONAL INC.’S EX PARTE
APPLICATION FOR A SECOND EXTENSION OF
TIME TO FILE THE RESPONSIVE PLEADING
(Doc. 26)

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

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Guzman seek a second extension of time to respond to the complaint, requesting the Court extend the

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deadline by one week from December 15, 2017 to December 22, 2017. (Doc. 26 at 2) Defendants’

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counsel, Lisa Tillman, reports that the parties have been meeting and conferring regarding “challenges

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to the sufficiency of the complaint in the hopes of avoiding the need for a motion to dismiss.” (Doc.

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26 at 3, Tillman Decl. ¶ 2) Ms. Tillman reports that as of December 14, 2017, the parties “continue[]

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to consider various judicial decisions addressing legal points raised in the meet-and-confer.” (Id., ¶5)

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As a result, Plaintiff’s counsel, Ken Karan, “stipulate[d] to another one-week extension of the deadline

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for Defendants’ response to the complaint.” (Id.)

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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.” Here, although Defendants have not filed a stipulation, Ms. Tillman reports under penalty

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of perjury that counsel for Plaintiff has stipulated to the extension. (Doc. 26 at 3, ¶ 5) In addition,

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Defendants have explained the extension is necessary for the parties to continue their efforts to confer

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regarding 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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Defendants’ ex parte application for an extension of time (Doc. 26) is GRANTED; and

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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 22, 2017.

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IT IS SO ORDERED.
Dated:

December 16, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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