Scalia v. County of Kern et al

Filing 102

ORDER GRANTING 101 Plaintiff's Ex Parte Application for an Enlargement of Time to File Written Objections to the Magistrate Judge's Findings and Recommendations, signed by Magistrate Judge Jennifer L. Thurston on 10/19/2020. Objections to F&R due by 11/12/2020. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN SCALIA, individually and as successor ) Case No.: 1:17-cv-01097 NONE JLT
in interest of Decedent Kimberly Morrissey- )
Scalia,
) ORDER GRANTING PLAINTIFF’S EX PARTE
) APPLICATION FOR AN ENLARGEMENT OF
Plaintiff,
) TIME TO FILE WRITTEN OBJECTIONS TO THE
) MAGISTRATE JUDGE’S FINDINGS AND
v.
) RECOMMENDATIONS
)
COUNTY OF KERN, et al.,
) (Doc. 101)
)
Defendants.
)
)

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On October 8, 2020, the Court issued Findings and Recommendations denying Plaintiff’s

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motion for sanctions due to spoliation, and the parties were given fourteen days to file any written

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objections. (Doc. 100) Plaintiff asserts he needs additional time to respond to the Findings and

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Recommendation. (Doc. 101)

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Plaintiff notes because the Court “cites numerous cases that neither party cited in the original

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briefing, and a proper and adequate discussion of the spoliation issues in this case requires substantial

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time to research and address,” and the Findings and Recommendations were issued during an

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“extraordinarily busy time period” for counsel, who is “short-staffed due the pandemic.” (Doc. 101 at

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5, 6) In addition, Plaintiff contends the additional time will not cause prejudice to the defendants

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because there are no deadlines pending before the Court for the parties.1 (Id. at 5) Thus, Plaintiff

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requests that the Court grant “an extension of 21-days within which to file written objections.” (Doc.

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101 at 7) Based upon the foregoing, the Court ORDERS:

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1.

Plaintiff’s ex parte application for an extension of time is GRANTED; and

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2.

Plaintiff SHALL file any written objections to the Findings and Recommendations no
later than November 12, 2020.

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IT IS SO ORDERED.

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Dated:

October 19, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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The plaintiff’s suggestion that because of the length of time that it took to decide the motion means
the motion was “complex.” (Doc. 101 at 5) Apparently, the plaintiff is unaware of the judicial crisis in
this District, the fact that this Court carries a higher weighted caseload than virtually every other
district in the entire federal systems and the fact that the Court must prioritize the expenditure of
judicial resources, resulting in delays in in many, if not, most, cases. Thus, rather than his motion
being complex—it was not—it fell victim to the crisis this District has faced for more than a decade.
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