Ware v. McDonald et al

Filing 56

ORDER signed by Magistrate Judge Kendall J. Newman on 12/27/13 ordering defendants' motion for an extension of time 55 is granted. Defendants shall respond to plaintiff's third amended complaint on or before 1/10/14. Plaintiff's motion 54 is denied. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN WARE, 12 Plaintiff, 13 14 No. 2:12-cv-1505 TLN KJN P v. ORDER M. McDONALD, et al., 15 Defendants. 16 Defendants have filed a motion for extension of time to respond to plaintiff’s third 17 18 amended complaint. Good cause appearing, defendants’ motion is granted. On December 13, 2013, plaintiff filed a motion for reconsideration, asking the court to 19 20 grant his November 22, 2013 motion for reconsideration, and inquiring as to the status of his 21 notice of submission of documents for service of process on defendants. However, on December 22 3, 2013, plaintiff’s November 22, 2013 motion for reconsideration was denied as untimely. The 23 court received plaintiff’s documents for service of process, and on October 17, 2013, the U.S. 24 Marshal was ordered to serve defendants. Although the U.S. Marshal has not yet filed a return of 25 service, it appears from defendants’ December 20, 2013 filing that all defendants have either been 26 served or waived service of process. Therefore, plaintiff’s December 13, 2013 motion is moot 27 and is denied. 28 //// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Defendants’ motion for an extension of time (ECF No. 55) is granted; 3 2. Defendants shall respond to plaintiff’s third amended complaint on or before January 4 5 6 10, 2014; and 3. Plaintiff’s motion (ECF No. 54) is denied. Dated: December 27, 2013 7 8 /ware1505.eot 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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