Bumpus v. Nangalama, et al

Filing 71

ORDER signed by Magistrate Judge Deborah Barnes on 3/13/2018 VACATING the 3/6/2018 Order to Show Cause and DENYING as unnecessary, plaintiff's 69 motion for an order shortening time. Within 7 days, counsel for plaintiff shall: (a) confer with defendants' counsel to determine whether defendants are willing to stipulate to a third extension of time; (b) file either a stipulation for such extension or a motion for an extension of time.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BUMPUS,

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Plaintiff,

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No. 2:12-cv-1102 TLN DB P

v.

ORDER

A. NANGALAMA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel with an action under 42 U.S.C. §

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1983. On December 8, 2017, defendants filed a motion for summary judgment. (ECF No. 62.)

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On December 21 and again on January 26, the parties filed stipulations to extend the time for

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filing the opposing and reply briefs. (ECF Nos. 63, 65.) Based on the parties’ stipulations,

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plaintiff’s opposition brief was due on February 26, 2018.1 In an order signed March 5, 2018 and

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filed March 6, the court required plaintiff to show cause why this case should not be dismissed for

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his failure to file an opposition to defendants’ summary judgment motion. (ECF No. 70.) Also

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on March 5, plaintiff filed a motion for an order shortening time to hear his motion for an

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extension of time to file an opposition. (ECF No. 69.) Based on plaintiff’s motion, the court will

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vacate the order to show cause.

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While the court ordered an extension of time based on the first stipulation (ECF No. 64), the
court has not addressed the second stipulation.
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In counsel’s declaration attached to the motion for an order shortening time, plaintiff’s

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counsel states that she contacted counsel for defendants and was told defendants were “not sure”

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if they would oppose shortened time. (ECF No. 69-1 at 2.) However, it does not appear that

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plaintiff’s counsel asked defendants’ counsel whether defendants would stipulate to a third

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extension of time to file an opposition to the motion for summary judgment. In addition,

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plaintiff’s counsel has not provided a copy of the motion for an extension of time to file an

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opposition.

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The court finds a formal motion and shortened time are not typically necessary where one

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party seeks an extension of time. The better course is to seek a stipulation from the opposing side

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for the extension of time and, if the opposing party is unwilling to stipulate, a motion for an

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extension of time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The court’s March 6, 2018 Order to Show Cause (ECF No. 70) is vacated;

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2. Plaintiff’s March 5, 2018 Motion for an Order Shortening Time (ECF No. 69) is

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denied as unnecessary; and

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3. Within seven days of the filed date of this order, counsel for plaintiff shall: (a) confer

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with defendants’ counsel to determine whether defendants are willing to stipulate to a

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third extension of time; and (b) file either a stipulation for such extension or a motion

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for an extension of time.

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Dated: March 13, 2018

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DLB:9
DB/prisoner-civil rights/bump1102.eot mtn

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