(PC) Brownlee v. Burnes et al
Filing
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ORDER granting Defendant's Motion for Administrative Relief 46 signed by Magistrate Judge Helena M. Barch-Kuchta on 9/24/2024. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BENJAMIN JUSTIN BROWNLEE,
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Plaintiff,
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Case No. 1:23-cv-00376-JLT-HBK (PC)
ORDER GRANTING DEFENDANTS’
MOTION FOR ADMINISTRATIVE RELIEF
v.
(Doc. No. 46)
J. BURNES, et al.,
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Defendants.
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Pending before the Court is Defendants’ Motion for Administrative Relief filed September
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23, 2024. (Doc. No. 46). Defendants seek a 14-day extension of time to the current September
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23, 2024 deadline1 to respond to Plaintiff’s discovery requests. (Id. at 3-4). In a declaration,
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defense counsel asserts that good cause for the extension exists because the four defendants have
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had various preplanned and unplanned trips (including one emergency international trip) since
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Plaintiff propounded his discovery requests on August 5, 2024, and as a result coordinating
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responses to the discovery responses has been delayed. (Id. at 3 ¶¶ 7-8).
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The Court may grant an extension of time “with or without motion or notice if the court
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acts, or if a request is made, before the original time or its extension expires.” Fed. R. Civ. P.
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The Case Management Scheduling Order advises the parties that “Eleventh hour[] motions, i.e. motions
filed on the eve of the deadline expiration, to extend a deadline will only be granted . . . upon a showing of
extraordinary circumstances.” (Doc. No. 38 at 4-5). The Parties are reminded that any further eleventhhour filings will be held to the stringent standard set forth in the Case Management Scheduling Order.
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6(b)(1)(A). The Court finds good cause to grant the requested extension.
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ACCORDINGLY, it is ORDERED:
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1. Defendants’ Motion for Administrative Relief (Doc. No. 46) is GRANTED.
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2. The deadline for Defendants to respond to Plaintiff’s discovery requests is extended
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from September 23, 2024 to October 7, 2024.
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3.
Defendants shall return the Consent/Decline to Magistrate Judge Jurisdiction form
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(Doc. No. 6-1 at 3) as previously directed in the June 20, 2024 Case Management and
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Scheduling Order (Doc. No. 38 at 4, ¶ V) within fourteen (14) days of this Order.
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Dated:
September 24, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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