Pitts v. Davis et al

Filing 43

ORDER signed by Magistrate Judge Allison Claire on 08/07/13 ordering by her timely response 41 the order to show cause 40 is discharged. Defendant Froland must file a response to the complaint within 14 days from the date of this order to not be found in default.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDDIE L. PITTS,

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No. 2:12-cv-0823 AC P
Plaintiff,

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v.

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C. DAVIS, et al.,

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ORDER

Defendants.

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By Order filed on July 24, 2013 (ECF No. 40), defendant Froland was ordered to show

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cause within fourteen days why she should not be found to be in default and judgment entered

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against her. Defendant Froland had signed a waiver of service of summons that was filed on

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February 19, 2013. ECF No. 25. However, no response to the complaint on her behalf had

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thereafter been forthcoming.
In a timely response to the show cause order, defendant Froland, who is not a CDCR1

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employee, has submitted a declaration indicating it was her confusion, lack of experience with

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litigation, and reliance on inexpert advice which led to her failure to respond in an appropriate

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and timely fashion to the complaint. See ECF No. 41. Defendant Froland now seeks to be

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allowed to respond to the complaint and to proceed in this action. She seeks a fourteen-day

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California Department of Corrections and Rehabilitation.
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extension of time to file a response.

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The court finds that defendant’s failure to respond does not by any means amount to “ a

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devious, deliberate, willful, or bad faith failure to respond.” TCI Grp. Life Ins. Plan v. Knoebber,

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244 F.3d 691, 698 (9th Cir. 2001). Although defendant’s reliance on the misguided opinion of a

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colleague was ill-advised, the court will excuse the error and deem the show cause order

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discharged.

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Accordingly, IT IS ORDERED that:

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1. By her timely response (ECF No. 41), defendant Froland has discharged the show

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cause order at ECF No. 40;

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2. Defendant Froland must file her response to the complaint within fourteen days of the

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date of this order in order not to be found to be in default.

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DATED: August 7, 2013

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AC:009
pitt0823.ord

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