Whitsitt v. Amazon.Com et al

Filing 50

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/31/17 ORDERING that Plaintiff's 48 motion for extension of time is GRANTED. Plaintiff shall file an opposition to defendant's motion to dismiss no later than 6/21/2017. No further extensions of time will be granted. The hearing date of 6/7/2017 on defendants motion to dismiss is CONTINUED to 7/12/2017 at 10:00 a.m. in Courtroom 24 before Magistrate Judge Carolyn Delaney. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. WHITSITT,

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No. 2:14-cv-00416 TLN CKD

Plaintiff,

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v.

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AMAZON.COM,

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ORDER

Defendant.

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On March 28, 2017, defendant filed a motion to dismiss, which was noticed to be heard on

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May 10, 2017. On April 28, 2017, because plaintiff had not filed either an opposition or a

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statement of non-opposition, the undersigned continued the hearing on the motion to June 7, 2017

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and directed plaintiff to file response no later than May 17, 2017. Plaintiff was advised that

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failure to file an opposition would be deemed a statement of non-opposition to the pending

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motion and would result in a recommendation that this action be dismissed.

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Plaintiff did not timely oppose the motion to dismiss. However, on May 25, 2017, he

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requested a thirty-day extension of time, citing a four-week absence from California and a recent

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change of address. (ECF No. 48.) Defendant opposes any extension and states that plaintiff was

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personally served with the motion to dismiss and April 28, 2017 order at his new address in early

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May. (ECF No. 46; see also ECF Nos. 44 & 45.) More generally, defendant cites plaintiff’s

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“pattern of delays and neglect in this three-year lawsuit.” (Id.)
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On this record, and good cause appearing, plaintiff will have one final opportunity to

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timely file an opposition to the motion to dismiss or face dismissal of this action. No further

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extensions of time will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extension of time (ECF No. 48) is granted;

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2. Plaintiff shall file an opposition to defendant’s motion to dismiss no later than June 21,

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2017. No further extensions of time will be granted; and
3. The hearing date of June 7, 2017 on defendants’ motion to dismiss is continued to July
12, 2017 at 10:00 a.m. in Courtroom 24 before Magistrate Judge Carolyn Delaney.
Dated: May 31, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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