Holloway et al v. United States of America

Filing 78

ORDER signed by Chief Judge Morrison C. England, Jr. on 12/22/2014 ORDERING that the 73 opposition filed by Plaintiffs on 12/19/2015 is timely. Because the Court finds that the opposition was timely, Plaintiffs will be entitled to be heard at the h earing, pursuant to Local Rule 230(c). The hearing on the Motion for Summary Judgment, currently scheduled for 1/8/2015, is VACATED and CONTINUED to 1/22/2015. Under Local Rule 230(d), Defendant will have not less than seven (7) days to file a reply to the opposition. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBYN HOLLOWAY and STERLING
HOLLOWAY,
Plaintiffs,

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ORDER
v.

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No. 2:12-cv-02120-MCE-CKD

UNITED STATES OF AMERICA,
Defendant.

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The Court has considered the ex parte application filed by Plaintiffs Robyn and

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Sterling Holloway to extend the deadline to file a timely opposition to Defendant’s Motion

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for Summary Judgment (ECF No. 70) and the Defendant’s response (ECF No. 77).

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The Court finds that Plaintiffs have demonstrated good cause under Federal Rule

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of Civil Procedure 6(b)(1) to extend the filing deadline for the opposition. Therefore, the

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Court finds that the opposition filed by Plaintiffs on December 19, 2015 (ECF No. 73) is

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timely. Because the Court finds that the opposition was timely, Plaintiffs will be entitled

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to be heard at the hearing, pursuant to Local Rule 230(c).

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To prevent any prejudice to Defendant, the hearing on the Motion for Summary

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Judgment, currently scheduled for January 8, 2015, is vacated and continued to

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January 22, 2015. Under Local Rule 230(d), Defendant will have not less than seven

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(7) days to file a reply to the opposition.

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IT IS SO ORDERED.

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Dated: December 22, 2014

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