Foster v. Statti et al

Filing 66

ORDER signed by Magistrate Judge Allison Claire on 1/09/13 granting 65 Motion for clarification and/or extension of time. Defendants shall file an opposition to plaintiff's cross-motion for summary judgment within 14 days from the date of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD FOSTER,
Plaintiff,

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vs.

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No. 2:10-cv-0929 JAM AC P

P. STATTI, et. al.,

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Defendants.

ORDER
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Plaintiff, a state prisoner proceeding pro se and informa pauperis, seeks relief

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pursuant to 42 U.S.C. § 1983. By order dated January 11, 2012, the date for filing pretrial

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motions was set for July 27, 2012. Following two requests for an extension of time, defendants

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filed their timely motion for summary judgment on September 26, 2012. Plaintiff has now filed

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an opposition to defendants’ motion as well as a cross-motion for summary judgment.

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On December 12, 2012, defendants filed a request for clarification and/or

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extension of time related to plaintiff’s cross-motion for summary judgment. Defendants argue

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that, because plaintiff filed his cross-motion beyond the July 27, 2012 deadline for filing

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dispositive motions and further because he did not seek leave of court to file a tardy cross-

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motion for summary judgment, the cross-motion should be stricken as untimely. This request
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will be denied. Local Rule 230(e) permits “[a]ny counter-motion or other motion . . . that is

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related to the general subject matter of the original motion . . .” to be served and filed on the date

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for opposition to the original motion. The court deems a cross motion for summary judgment to

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be a proper counter-motion under this court’s local rules, and accordingly plaintiff’s cross-

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motion for summary judgment is deemed timely.

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Accordingly, IT IS HEREBY ORDERED that defendants’s request for

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clarification and/or extension of time is granted. Defendants shall file an opposition to plaintiff’s

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cross-motion for summary judgment within fourteen days from the date of this order.

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DATED: January 9, 2013.

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`
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;fost0929.jo

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