Banga v. Gundumolgula et al

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/16/13 GRANTING 8 Motion for Extension. Plaintiff shall file opposition, if any, to 5 Motion to Dismiss no later than 6/12/13. Failure to file opposition may result in a recommendation th at this action be dismissed. Reply, if any, shall be filed no later than 6/26/13. The hearing date of 5/29/13 is VACATED. Hearing on 5 MOTION to DISMISS filed by Emirates Airlines is CONTINUED to 7/10/2013 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff's 9 Request for entry of default is DENIED. Defendant Prasad Gundumolgula shall file a responsive pleading no later than 6/12/13. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMLESH BANGA,

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No. 2:13-cv-0667 MCE CKD PS

Plaintiff,
v.

ORDER

PRASAD GUNDUMOLGULA, et al.,

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Defendants.

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Plaintiff has requested an extension of time to file opposition to defendant Emirates

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Airlines’ motion to dismiss, currently calendared for hearing on May 29, 2013. An extension of

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time will be granted and the hearing continued to another date.

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Plaintiff has also requested entry of default against defendant Prasad Gundumolgula.

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Prior to removal of this action from state court, this defendant filed a demurrer to the complaint,

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which was taken off calendar as mooted by the filing of a first amended complaint. Because

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defendant has appeared in this action and is represented by counsel, entry of default is not

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warranted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for extension of time (ECF No. 8) is granted. Plaintiff shall file

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opposition, if any, to the motion to dismiss (ECF No. 5) no later than June 12, 2013. Failure to

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file opposition may result in a recommendation that this action be dismissed.
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2. Reply, if any, shall be filed no later than June 26, 2013.

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3. The hearing date of May 29, 2013 is vacated. Hearing on defendant’s motion to

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dismiss (ECF No. 5) is continued to July 10, 2013 at 10:00 a.m. in courtroom no. 24.
4. Plaintiff’s request for entry of default (ECF No. 9) is denied. Defendant Prasad

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Gundumolgula shall file a responsive pleading no later than June 12, 2013.

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Dated: May 16, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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