Evans v. California Commission on Peace Officers Standards and Training et al
Filing
69
ORDER signed by District Judge Morrison C. England, Jr on 8/14/2017 GRANTING 63 Ex Parte Application for an Extension of Time and the 66 Opposition to Motion is DEEMED timely filed. Plaintiff's Reply, if any, shall be filed not later than 8/31/2017. This case shall remain submitted and if the Court subsequently determines oral argument is necessary, it will be scheduled at a later date. Designation of Expert Witnesses is CONTINUED to 9/27/2017. (Washington, S)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TAMARA EVANS,
Case No. 2:15-cv-01951-MCE-DB
Plaintiff, ORDER
v.
CALIFORNIA COMMISSION ON PEACE
OFFICERS STANDARDS AND
TRAINING; EDMUND PECINOVSKY;
ANNE BREWER and DOES 1-25,
Defendants.
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Presently before the Court is an ex parte request for an extension of time to file a late
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opposition to the motion for summary judgment by Defendants California Commission on Peace
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Officer Standards and Training, Edmund Pecinovsky, and Anne Brewer (“Defendants”). Given
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the candid averments by counsel in her latest submission to the Court as to her shortcomings in
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handling the briefing of this case, and the Court’s preference for resolving cases such as this one
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on the merits, the requested relief is, on this showing, GRANTED. The Court notes for the record
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that it is the most persuaded by the fact that counsel fell on her sword multiple times as to
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mistakes she admittedly and regrettably made and by her request that her clients not be made to
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suffer from these transgressions.
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Order (2:15-cv-01951-MCE-DB)
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Counsel is nonetheless admonished that this Court’s scheduling orders govern these
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proceedings and supersede the Local Rules where they differ. The Court will not entertain future
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requests for extension under circumstances such as these and expects no such requests will be
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forthcoming.
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Finally, the Court has also reviewed and considered Plaintiff’s response to Defendants’ Ex
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Parte Application, by which Plaintiff does not oppose the requested extension of time, but does
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request additional time to retain an expert witness on the issues subject to the currently unopposed
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Motion for Summary Judgment. The current deadline for doing so is August 22, 2017, and
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preparation by this date is not feasible given the delays over the past several weeks. Accordingly,
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it is hereby ordered as follows:
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Defendants’ Ex Parte Application for an Extension of Time (ECF No. 63) is
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GRANTED, and their Opposition to Plaintiff’s Motion for Summary Judgment
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filed August 10, 2017, is deemed timely filed.
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2.
Plaintiff’s Reply, if any, shall be filed not later than August 31, 2017.
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3.
This case shall remain submitted and if the Court subsequently determines oral
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argument is necessary, it will be scheduled at a later date.
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The deadline to designate expert witnesses is hereby CONTINUED to September
27, 2017.
IT IS SO ORDERED.
Dated: August 14, 2017
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Order (2:15-cv-01951-MCE-DB)
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