Acosta v. Aquayo et al

Filing 43

ORDER Granting Plaintiff's Request for Extension of Time within Which to File Dispositional Documents signed by Magistrate Judge Barbara A. McAuliffe on 10/28/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE ACOSTA,

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Case No. 1:17-cv-01047-LJO-BAM
Plaintiff,

v.

ORDER GRANTING PLAINTIFF’S
REQUEST FOR EXTENSION OF TIME
WITHIN WHICH TO FILE
DISPOSITIONAL DOCUMENTS

MARIA DE JESUS AQUAYO, et al.,
(Doc. No. 42)
Defendants.

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On August 9, 2019, Plaintiff filed a notice of settlement of this action. (Doc. No. 38.) On

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August 12, 2019, the Court ordered the parties, no later than September 10, 2019, to file

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appropriate papers to dismiss or conclude this action in its entirety. (Doc. No. 39.) On

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September 12, 2019, Plaintiff filed a request for an extension of time within which to file

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dispositional documents. (Doc. No. 40.) On September 13, 2019, the Court granted Plaintiff’s

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request and ordered the parties to file appropriate papers to dismiss or conclude this action in its

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entirety by no later than October 22, 2019. (Doc. No. 41.) The parties were advised that no

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further extensions of time would be granted absent a demonstrated showing of good cause.

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Currently before the Court is Plaintiff’s second request, filed on October 24, 2019, for an

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extension of time within which to file dispositional documents. (Doc. No. 42.) According to

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Plaintiff, a draft stipulation for dismissal was sent to Defendants on September 17, 2019.

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Defendant Jose A. Chavira has acknowledged receipt of the stipulation but has been unable to
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obtain Defendant Maria De Jesus Aquayo’s signature. Plaintiff therefore requests a further

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extension of time until December 6, 2019, to file appropriate dispositional documents.

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Plaintiff is cautioned that requests for extension of time brought after the applicable

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deadline are looked upon with disfavor. Local Rule 144(d). Nonetheless, in light of Defendants’

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pro se status, the Court finds good cause to grant Plaintiff’s request. No further extensions of

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time shall be granted absent a demonstrated showing of good cause. If Plaintiff is unable to

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secure Defendants’ signatures on a stipulation of dismissal, any further requested extensions shall

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address why Plaintiff is unable to file other appropriate papers to dismiss or conclude this action

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in its entirety, such as a request to dismiss pursuant to Federal Rule of Civil Procedure 41(a)(2).

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request is GRANTED and the

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parties shall file appropriate papers to dismiss or conclude this action in its entirety on or before

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December 6, 2019. Failure to comply with this order may be grounds for the imposition of

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sanctions on counsel or parties who contributed to violation of this order. See Local Rule 160 and

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Local Rule 272.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 28, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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