Estate of Jayne Bonham v. Burwell

Filing 6

STIPULATION and ORDER 5 for extension of time signed by Magistrate Judge Allison Claire on 1/22/2015. Court is DENYING, without prejudice, parties' Request for Extension. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ESTATE OF JAYNE BONHAM,

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Plaintiff,

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No. 2:14-cv-02465-AC

v.

ORDER

SYLVIA MATHEWS BURWELL,
Secretary of the U.S. Department of Health
and Human Services, et al.,

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Defendants.

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On January 21, 2015, the parties filed a stipulation and proposed order to extend

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defendants’ deadline to file the administrative record and a responsive pleading. ECF No. 5.

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Although the court is inclined to grant the parties’ stipulated extension, it cannot because the

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parties do not specify the duration of the extension they are requesting. The court’s October 21,

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2014, scheduling order requires defendants to file the administrative record and a responsive

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pleading within ninety (90) days of service of the complaint. ECF No. 4 at 2. The court’s order

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also instructs plaintiff to file a certificate showing that he has served defendants within ten days

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of doing so. Id. The parties’ stipulation includes a request for a 60-day extension, ECF No. 5,

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however, because plaintiff never filed a certificate reflecting service the court has no way of

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determining defendants’ original deadline. Accordingly, the court denies the parties’ stipulation

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and proposed order without prejudice, as the length of the requested extension is not clearly

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defined.

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DATED: January 22, 2015

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