Williams v. Alcala et al

Filing 91

ORDER OVERRULING Plaintiff's Objections to the Court's June 28, 2019, Order 85 , signed by Magistrate Judge Stanley A. Boone on 7/12/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT C. WILLIAMS,

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Plaintiff,
v.
GERARDO ALCALA, et al.,
Defendants.

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Case No. 1:17-cv-00916-DAD-SAB (PC)
ORDER OVERRULING PLAINTIFF’S
OBJECTIONS TO THE COURT’S JUNE 28, 2019,
ORDER
[ECF No. 85]

Plaintiff Robert C. Williams is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s objections to the Court’s June 28, 2019, order granting

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Defendants motion to modify the scheduling order and extending the dispositive motion deadline.

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On June 28, 2019, Defendants filed a motion for a fourteen-day extension of time to file a

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dispositive motion and based on the showing of good cause the Court granted the request this same

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day. (ECF No. 85.)

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Plaintiff objects to the Court’s June 28, 2019, order and argues that despite the unexpected

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death of defense counsel’s family member, counsel prepared a six-page proposal and declaration

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motion and did not exercise due diligence. Plaintiff’s objection is overruled. Contrary to Plaintiff’s

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argument, the fact that defense counsel prepared a detailed request for an extension of time

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demonstrates due diligence in attempting to set forth good cause in requesting a minimal extension of
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the dispositive motion deadline given the unforeseen circumstance. Further, Deputy Attorney

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General, Diana Esquivel is the primary attorney assigned to this case who is most familiar with the

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case and started to draft the motion for summary judgment at the time the request for an extension was

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filed. Accordingly, Plaintiff’s objection to the Court’s June 28, 2019, is OVERRULED.

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IT IS SO ORDERED.

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Dated:

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July 12, 2019
UNITED STATES MAGISTRATE JUDGE

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