(PC) Valencia v. San Juan

Filing 21

ORDER GRANTING IN PART Defendant's 20 Motion for Administrative Relief RE: Extension of Time to File Responsive Pleading and Opt Out of Settlement Conference signed by Magistrate Judge Erica P. Grosjean on 9/16/2022. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CHRISTOPHER G. VALENCIA, Case No. 1:22-cv-00360-JLT-EPG (PC) 11 12 v. 13 14 DEBORAH SAN JUAN, 15 Plaintiff, ORDER GRANTING IN PART DEFENDANT’S MOTION FOR ADMINISTRATIVE RELIEF RE: EXTENSION OF TIME TO FILE RESPONSIVE PLEADING AND OPT OUT OF SETTLEMENT CONFERENCE Defendant. (ECF No. 20) 16 17 On September 15, 2022, defendant San Juan filed a motion for: “(1) for a ninety-day 18 extension of time to file a responsive pleading through December 21, 2022; and (2) for a seventy- 19 five[-]day extension of time to opt out of a settlement conference through December 20, 2022.” 20 (ECF No. 20, p. 2). Defense counsel states that he needs the extension because the Correctional 21 Law Section of the Office of the Attorney General is currently understaffed. (Id. at 3). While the 22 Correctional Law Section has been working to address the issue, “multiple open positions for 23 Deputy Attorneys General remain unfilled, and the Deputy Attorneys General currently handling 24 Correctional Law Section cases will be unable to complete all appropriate casework if additional 25 cases are assigned to them.” (Id.). The Court finds good cause to grant the motion in part. The Court finds that an extension 26 27 of sixty days of both deadlines, rather than ninety, is appropriate under the circumstances. 28 \\\ 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The assigned Deputy Attorney General has until December 5, 2022, to either: (1) 3 file a notice stating that defendant San Juan opts out of the settlement conference; or 4 (2) contact ADR Coordinator Sujean Park (spark@caed.uscourts.gov) to schedule 5 the settlement conference.1 6 2. Defendant San Juan has until November 22, 2022, to file her responsive pleading. 7 3. No further extension to these deadlines will be given. 8 9 10 IT IS SO ORDERED. Dated: September 16, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Court notes that the assigned Deputy Attorney General may opt out of the settlement conference by filing a notice. A motion is not required. 2

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