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