Tenore v. Goodgame et al

Filing 56

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/31/13 granting 52 Motion for Extension of time and plaintiff's 10/18/13 opposition is deemed timely. Defendants' motion for an extension of time 54 is granted and defendants sha ll file their reply to plaintiff's opposition no later than 12/13/13. Defendants motion to strike plaintiff's cross-motion for summary judgment 55 is granted, and plaintiff's 10/18/13 filing will be construed as an opposition to defendants' motion only. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL TENORE,

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Plaintiff,

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No. 2:11-cv-1082 WBS CKD P

v.

ORDER

NATHANAEL GOODGAME, et al.,

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Defendants.

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Plaintiff has filed a motion for extension of time to file an opposition to the motion for

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summary judgment. Good cause appearing, plaintiff’s motion will be granted, and plaintiff’s

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opposition, filed October 18, 2013, shall be deemed timely.
Defendants have filed a motion for an extension of time to reply to plaintiff’s opposition.

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Good cause appearing, defendants’ motion will be granted.
Plaintiff styles his October 18, 2013 filing as both an opposition to defendants’ motion for

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summary judgment and a motion for summary judgment to be entered in favor of plaintiff.

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Defendants seek to strike plaintiff’s cross-motion for summary judgment as untimely filed. As

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plaintiff did not seek to obtain a modification of the scheduling order or show good cause why he

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should be permitted to file a dispositive motion more than two months after the deadline,

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defendants’ motion will be granted. (See ECF No. 39.)

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/////

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Accordingly IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time (ECF No. 52) is granted, and plaintiff’s

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October 18, 2013 opposition is deemed timely;
2. Defendants’ motion for an extension of time (ECF No. 54) is granted, and defendants
shall file their reply to plaintiff’s opposition no later than December 13, 2013; and
3. Defendants’ motion to strike plaintiff’s cross-motion for summary judgment (ECF No.

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55) is granted, and plaintiff’s October 18, 2013 filing will be construed as an opposition to

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defendants’ motion only.

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Dated: October 31, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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