Whelan v. Potter

Filing 33

ORDER signed by District Judge Troy L. Nunley on 1/24/2014 ORDERING 22 the deadline for Defendant's reply in support of his motion for summary judgment is EXTENDED to 1/30/2014; the hearing on defendant's motion for summary judgment is CONTINUED to 2/13/2014 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.(Reader, L)

1
2
3
4
5
6
7

BENJAMIN B. WAGNER
United States Attorney
J. EARLENE GORDON
CHI SOO KIM
Assistant United States Attorneys
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Patrick R. Donahoe, Postmaster General
Of the United States

8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

HELEN WHELAN,

12
13
14
15
16

Plaintiff,
v.
PATRICK R. DONAHOE, POSTMASTER
GENERAL, UNITED STATES POSTAL
SERVICE,

CASE NO. 2:12-cv-02305-TLN-CKD
DEFENDANT’S EX PARTE
APPLICATION TO EXTEND THE TIME
FOR HIS REPLY IN SUPPORT OF HIS
MOTION FOR SUMMARY JUDGMENT
AND ORDER

Defendant.

17
Pursuant to Local Rule 144, Defendant Patrick R. Donahoe, Postmaster General of the
18
United States, respectfully submits his ex parte application to extend the time for 1) his reply in
19
support of his motion for summary judgment from January 23, 2014 to January 30, 2014; and 2) the
20
hearing on his motion for summary judgment from January 30, 2014 to February 13, 2014.
21
Extending the summary judgment reply and hearing dates will not affect other deadlines set in the
22
case, such as the April 3, 2014 Final Pretrial Conference, the June 2, 2014 trial date, or other pretrial
23
deadlines. See 4/12/2013 Pretrial Scheduling Order (Dkt 20). The parties have not requested any
24
other extensions in this lawsuit. Declaration of Chi Soo Kim, ¶ 2.
25
Lead trial counsel who drafted the motion for summary judgment became unexpectedly ill
26
the evening of January 21, 2014 and is currently unable to work. Id. at ¶ 3. Undersigned counsel
27

contacted Plaintiff’s counsel on January 22, 2014 to request a stipulation to extend dates, but

28
29
30

Whelan v. Donahoe, No. 2:12-cv-02305 TLN-CKD
DEF.’S EX PARTE APP. TO EXTEND TIME FOR HIS SUMM. JUDGT REPLY AND ORDER

1

1

Plaintiff subsequently declined Defendant’s request. Id. at ¶ 4. Counsel for both Plaintiff and

2

Defendant are available for a February 13, 2014 hearing on Defendant’s motion. Id. at ¶ 5. On

3

February 13, 2014, the same counsel for the same parties are currently scheduled for a Further Final

4

Pretrial Conference before this Court in the related 2009 lawsuit, Whelan v. Donahoe, Case No.

5

2:09-cv-03606 TLN-CKD. Id. In addition, chambers has confirmed that February 13, 2014 is an

6

available hearing date for defendant’s motion. Id.

7
8

Good cause is therefore established and Defendant respectfully requests that the Court grant
his ex parte application to extend time.
Respectfully submitted,

9
10

DATED: January 23, 2014

11

BENJAMIN B. WAGNER
United States Attorney
By: /s/ Chi Soo Kim
CHI SOO KIM
Assistant United States Attorney

12
13
14
15

ORDER
16
17

The deadline for Defendant’s reply in support of his motion for summary judgment is
extended from January 23, 2014 to January 30, 2014. The hearing on Defendant’s motion for

18
summary judgment is continued from January 30, 2014 to February 13, 2014 at 2:00 p.m.
19
IT IS SO ORDERED.
20
21

Dated: January 24, 2014

22
23
24

Troy L. Nunley
United States District Judge

25
26
27
28
29
30

Whelan v. Donahoe, No. 2:12-cv-02305 TLN-CKD
DEF.’S EX PARTE APP. TO EXTEND TIME FOR HIS SUMM. JUDGT REPLY AND ORDER

2