Johnson v. Mitchell et al
Filing
256
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/5/12 ORDERING that the hearing currently set for 12/20/12 is VACATED and RESET for 1/31/2013 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Plaintiff shall fil e his opoosition and/or his Cross-Motion for Summary Judgment against defendants by 1/3/13. The total number of pages included in Plantiff's filing (brief) shall not exceed 35. Any pages exceeding the 35-page limit will be stricken. Defendants shall file one, consolidated reply to Plaintiff's opposition or Cross-Motion for Summary Judgment by 1/24/13. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SHEPARD JOHNSON,
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Plaintiff,
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No. 2:10-cv-1968 GEB GGH PS
vs.
CHESTER MITCHELL, et al.,
ORDER
Defendants.
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On December 2, 2012, plaintiff moved for an extension of time in which to file an
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opposition to defendants’ motion for summary judgment (dkt. 245). Dkt. 254. A hearing on the
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summary judgment motion is currently set for December 20, 2012.
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Plaintiff, who is proceeding pro se in this matter, initiated this diversity action on
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July 23, 2010 alleging malicious prosecution and civil conspiracy to commit malicious
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prosecution against various defendants. Dkt. 1. Plaintiff proceeds with the third amended
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complaint filed on November 6, 2011. See Dkt. 119. The court entered a scheduling order on
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October 10, 2012 setting forth a time line by which summary judgment briefing was to proceed.
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Dkt. 228. By that order, defendants were to file one consolidated motion for summary
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adjudication by November 21, 2012. Id. Plaintiff was given until December 6, 2012 to file any
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opposition and/or cross-motion for the same. Id. Plaintiff now seeks an additional 35 days to
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respond to defendants’ November 21, 2012 motion for summary judgment. Dkt. 254. In support
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of his request, plaintiff explains that he is still in the process of obtaining Panamanian court
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documents from at least twelve of the underlying court cases which gave rise to the instant
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litigation. Id. Defendants oppose plaintiff’s motion, stating that he has had over two-and-a-half
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years in which to procure the documents he now seeks. Dkt. 255. Nonetheless, if the court
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allows plaintiff’s motion for an extension of time, defendants similarly request additional time in
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which to reply to plaintiff’s opposition and/or cross-motion for summary judgment. Id.
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Given the numerous defendants named in this action, the complexity of the legal
issues presented, and the fact that some of the summary judgment evidence plaintiff seeks to
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present resides in a foreign state, plaintiff will be granted an additional 28 days in which to file
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his opposition. Accordingly, defendants will be allowed 21 days in which to file a reply.
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Plaintiff also seeks relief from the court’s order imposing a limit of 25 pages on
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any filing he enters in this matter. Dkt. 169. Defendants’ motion for summary judgment is 23
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pages long, but plaintiff claims to need in excess of 25 pages in order to sufficiently respond.
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Dkt. 254. Considering that plaintiff’s opposition may also include a cross-motion for summary
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judgment against ten defendants, plaintiff will be allowed up to 35 pages in which to oppose
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and/or move for summary judgment against these defendants.
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For the foregoing reasons, IT IS HEREBY ORDERED THAT:
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1. The hearing currently set for December 20, 2012 is VACATED and reset for
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January 31, 2013 at 10:00 a.m.;
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2. Plaintiff shall file his opposition and/or his cross-motion for summary
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judgment against defendants by January 3, 2013. The total number of pages included in
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plaintiff’s filing (brief) shall not exceed 35. Any pages exceeding the 35-page limit will be
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stricken.
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3. Defendants shall file one, consolidated reply to plaintiff’s opposition or cross-
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motion for summary judgment by January 24, 2013.
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IT IS SO ORDERED.
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DATE: December 5, 2012
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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GGH9
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