Hopson v. Village Gas N Mart Inc. et al

Filing 15

ORDER EXTENDING TIME TO FILE DISPOSITIONAL DOCUMENTS AND REQUIRING PLAINTIFF'S COUNSEL TO FILE AN ACKNOWLEDGEMENT AND ATTESTATION. Accordingly, it is HEREBY ORDERED that: Plaintiff shall file dispositional documents on or before July 13, 2018; Mr. Malakauskas shall file an acknowledgement of this order and an attestation that he has calendared the July 13, 2018 deadline on or before June 15, 2018; and Failure to comply with this order will result in the issuance of sanctions. Signed by Magistrate Judge Stanley A. Boone on 6/13/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,
Plaintiff,

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Case No. 1:17-cv-01758-DAD-SAB
ORDER EXTENDING TIME TO FILE
DISPOSITIONAL DOCUMENTS AND
REQUIRING PLAINTIFF’S COUNSEL TO
FILE AN ACKNOWLEDGEMENT AND
ATTESTATION

v.
VILLAGE GAS N MART INC., et al.,
Defendants.

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On April 9, 2018, Plaintiff filed a notice of settlement and requested sixty days to file

18 dispositional documents. (ECF No. 12.) On April 10, 2018, the Court ordered Plaintiff to file
19 dispositional documents by June 11, 2018. (ECF No. 13.) On June 12, 2018, Plaintiff filed a
20 request to extend the time to file dispositional documents. (ECF No. 14.) Therefore, Plaintiff’s
21 request to extend the deadline was filed after the deadline had expired.
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The Court will grant Plaintiff an extension of time to file the dispositional documents, but

23 Plaintiff’s counsel, Daniel Malakauskas, is reminded that requests to extend a deadline should be
24 made before the expiration of the deadline. Requests to extend a deadline that are made on the
25 eve of a deadline will be looked upon with disfavor and may be denied absent good cause for the
26 delay in seeking an extension. If a request to extend a deadline is made after a deadline has
27 passed, the party seeking an extension must show additional good cause why the matter was filed
28 late with the request for nunc pro tunc. Mr. Malakauskas is advised that even if opposing

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1 counsel is not communicating or returning the settlement agreement, it is Mr. Malakauskas’s
2 responsibility to file an extension of time or another request prior to the deadline.
Previously, in another case, the undersigned discussed Mr. Malakauskas’s office’s issues

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4 with scheduling court deadlines. See Hopson v. Ron Simi, Inc., et al., 1:17-cv-00879-DAD5 SAB, ECF No. 14 (E.D. Cal. Nov. 28, 2017). Counsel was advised that “the Court will exercise
6 its discretion and place requirements on counsel in all future cases that after each order of this
7 Court he will be required to file formal acknowledgement of the order and an attestation that he
8 has calendared any dates related to that order.” Hopson, 1:17-cv-00879-DAD-SAB, ECF No.
9 14. Therefore, the Court will require Mr. Malakauskas to file a formal acknowledgement of this
10 order and an attestation that he has calendared the July 13, 2018 deadline.
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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff shall file dispositional documents on or before July 13, 2018;

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2.

Mr. Malakauskas shall file an acknowledgement of this order and an attestation
that he has calendared the July 13, 2018 deadline on or before June 15, 2018; and

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3.

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Failure to comply with this order will result in the issuance of sanctions.

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IT IS SO ORDERED.

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June 13, 2018
UNITED STATES MAGISTRATE JUDGE

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