Zochlinski v. Blum et al

Filing 18

ORDER signed by Magistrate Judge John F. Moulds on 2/9/2012 GRANTING, in part, plaintiff's 15 Motion for Extension of Time. Plaintiff shall file an Opposition or Statement of Non-Opposition to defendants' Motion to Dismiss on or before 2/23/2012. Defendants' Reply, if any, shall be filed 7 days thereafter. The 2/16/2012 Motion Hearing is DROPPED from calendar. (Marciel, 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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HOWARD ALAN ZOCHLINSKI,
Plaintiff,

ORDER

vs.

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No. CIV 2:11-cv-3295-KJM-JFM (PS)

Defendants.

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BLUM, et al.,

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/

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This matter, initially filed in the Yolo County Superior Court on June 28, 2010,

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was removed to this court on December 12, 2011 and assigned case number 2:11-cv-3295-MCE-

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CKD. On December 19, 2011, defendants filed a motion to dismiss, which was scheduled to be

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heard before Magistrate Judge Carolyn K. Delaney on January 25, 2012. On December 21,

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2011, defendants filed a Notice of Related Case seeking to relate the instant case to 2:10-cv-

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1824-KJM-JFM. Upon review of the two cases, this matter was reassigned to the Honorable

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Kimberly J. Mueller and the undersigned on January 5, 2012 consistent with Local Rule 123(a).

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Thereafter, defendants re-noticed their motion to dismiss before the undersigned and set the

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matter for hearing on February 16, 2012. On January 11, 2012, plaintiff filed a motion to

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remand, also set for hearing on February 16, 2012.

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Pending before the court are plaintiff’s two motions for an extension of time to

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file an opposition to defendants’ motion to dismiss. Doc. Nos. 12 and 15. Plaintiff asserts an

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extension of time, up to and including March 29, 2012, is necessary because of his ailing health,

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to conduct “the huge amount of research needed” to formulate a response to defendants’ motion

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and to allow the court time to consider his pending motion to remand. The court is unconvinced.

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Despite his ailing health, plaintiff has been able to submit an 87-page motion to remand, has

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been aware of the facts underlying this action for a number of years and is not unfamiliar with

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the arguments that defendants present in their motion to dismiss. Additionally, the court is not

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inclined to consider his motion to remand prior to considering defendants’ motion to dismiss,

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and, as of the date of this order, plaintiff has already had nearly forty-five days to prepare an

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opposition to the motion to dismiss.1

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Furthermore, the court has determined that both matters shall be submitted upon

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the record and briefs on file and accordingly, the date for hearing on defendants’ motion to

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dismiss and plaintiff’s motion to remand shall be vacated. Local Rule 230.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s January 11, 2012 and February 2, 2012 motions for an extension of

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time are partially granted;

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2. Plaintiff shall file an opposition or statement of non-opposition to defendants’

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motion to dismiss on or before February 23, 2012. Defendants’ reply, if any, shall be filed seven

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days thereafter. The parties are hereby notified that, absent extraordinary circumstances, the

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court will not modify this briefing schedule; and

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Defendants first filed their motion to dismiss on December 19, 2011. See Doc. No. 6.
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3. The February 16, 2012 hearing is dropped from calendar.
DATED: February 9, 2012.

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/014;zoch3295.eot

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