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