Acosta v. Santillan et al
Filing
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ORDER ENLARGING TIME TO RESPOND TO COMPLAINT. Defendant Santillan shall respond to Plaintiff's Complaint on or before June 17, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 5/29/2018. (Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE ACOSTA,
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Plaintiff,
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ORDER ENLARGING TIME TO
RESPOND TO COMPLAINT
v.
(Doc. 7)
ERIC SANTILLAN dba MR. MANGO
ANTOJITOS MEXICANO, et al.,
Defendants.
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Case No. 1:18-cv-00506-DAD-SKO
_____________________________________/
Plaintiff Jose Acosta (“Plaintiff”) filed his complaint on April 13, 2018.
(Doc. 1.)
14 Defendant Eric Santillan dba Mr. Mango Antojitos Mexicanos (“Santillan”) was personally served
15 on April 21, 2018. (Doc. 6.)
Defendant Santillan’s responsive pleading was therefore due
16 twenty-one (21) days after service, or May 14, 2018. Fed. R. Civ. P. 6(a)(1)(c), 12(a)(1)(A)(i).
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The parties filed a “Stipulation for Extension of Time for Defendant [Santillan] to Respond
18 to Plaintiff’s Complaint” (Doc. 7) on May 25, 2018—eleven days after Defendant Santillan’s
19 responsive pleading deadline. Although the Court may extend time to file a responsive pleading
20 after the deadline has expired because of “excusable neglect,” Fed. R. Civ. P. 6(b)(1)(B), no such
21 excusable neglect has been articulated—much less shown—here. Notwithstanding this deficiency,
22 given the absence of bad faith or prejudice to Plaintiff (as evidenced by the parties’ agreement to
23 the extension of time), and in view of the liberal construction of Fed. R. Civ. 6(b)(1) to effectuate
24 the general purpose of seeing that cases are tried on the merits, see Ahanchian v. Xenon Pictures,
25 Inc., 624 F.3d 1253, 1258–59 (9th Cir. 2010), the Court GRANTS the parties’ stipulated request.
26 The parties are cautioned that future post hoc request for extensions of time will be viewed with
27 disfavor.
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IT IS HEREBY ORDERED that Defendant Santillan shall respond to Plaintiff’s
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2 Complaint on or before June 17, 2018.
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4 IT IS SO ORDERED.
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Dated:
May 29, 2018
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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