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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
WILLIAM J. WHITSITT,
12
No. 2:14-cv-00416 TLN CKD
Plaintiff,
13
v.
14
AMAZON.COM,
15
ORDER
Defendant.
16
17
On March 28, 2017, defendant filed a motion to dismiss, which was noticed to be heard on
18
May 10, 2017. On April 28, 2017, because plaintiff had not filed either an opposition or a
19
statement of non-opposition, the undersigned continued the hearing on the motion to June 7, 2017
20
and directed plaintiff to file response no later than May 17, 2017. Plaintiff was advised that
21
failure to file an opposition would be deemed a statement of non-opposition to the pending
22
motion and would result in a recommendation that this action be dismissed.
23
Plaintiff did not timely oppose the motion to dismiss. However, on May 25, 2017, he
24
requested a thirty-day extension of time, citing a four-week absence from California and a recent
25
change of address. (ECF No. 48.) Defendant opposes any extension and states that plaintiff was
26
personally served with the motion to dismiss and April 28, 2017 order at his new address in early
27
May. (ECF No. 46; see also ECF Nos. 44 & 45.) More generally, defendant cites plaintiff’s
28
“pattern of delays and neglect in this three-year lawsuit.” (Id.)
1
1
On this record, and good cause appearing, plaintiff will have one final opportunity to
2
timely file an opposition to the motion to dismiss or face dismissal of this action. No further
3
extensions of time will be granted.
4
Accordingly, IT IS HEREBY ORDERED that:
5
1. Plaintiff’s motion for extension of time (ECF No. 48) is granted;
6
2. Plaintiff shall file an opposition to defendant’s motion to dismiss no later than June 21,
7
8
9
10
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
11
12
13
14
15
2 / whit0416.eot
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?