Patel v. State of California

Filing 55

ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/18 ORDERING that Plaintiff's Ex Parte Application to continue hearing on Defendants' Motion for Summary Judgment 51 is GRANTED. The hearing on Defendants' Motion for Summary Judgment 48 is CONTINUED to Thursday, 5/3/2018 at 10:00 AM. in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Plaintiff's opposition shall be filed on or before 4/19/2018. Defendants' reply, if any, shall be filed on or before 4/26/2018. The pretrial scheduling order (ECF No. 25 ) is not otherwise adjusted. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEV PATEL,

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No. 2:15-cv-02471-KJN
Plaintiff,

v.

ORDER

STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC HEALTH
AND DEPARTMENT OF TOXIC
SUBSTANCES,
Defendants.

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Presently pending before the court is plaintiff’s ex parte application to continue hearing on

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defendants’ motion for summary judgment. (ECF No. 51.) Defendants opposed the application.

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(ECF No. 53.) Plaintiff filed a supplemental declaration in support. (ECF No. 54.) On February

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7, 2018, the court took this matter under submission. (ECF No. 52.) After carefully considering

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the written briefing and the applicable law, the court GRANTS plaintiff’s ex parte application.

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Plaintiff has sufficiently demonstrated good cause for continuing the hearing because

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plaintiff’s counsel does not have adequate time to respond to the motion for summary judgment

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(see ECF Nos. 51, 54), and because granting this extension will not significantly affect the

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pretrial scheduling order. (See ECF No. 25.) Indeed, the only necessary change to the scheduling

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order is hearing defendants’ motion after the March 1, 2018 deadline for law and motion. The
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deadline for law and motion is not otherwise adjusted, and the final pretrial conference and the

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trial dates remain unchanged.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s ex parte application to continue hearing on defendants’ motion for
summary judgment (ECF No. 51) is GRANTED.

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The hearing on defendants’ motion for summary judgment (ECF No. 48) is
continued to Thursday, May 3, 2018, at 10:00 am.

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3.

Plaintiff’s opposition shall be filed on or before April 19, 2018.

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4.

Defendants’ reply, if any, shall be filed on or before April 26, 2018.

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5.

The pretrial scheduling order (ECF No. 25) is not otherwise adjusted.

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IT IS SO ORDERED.

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Dated: February 14, 2018

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14/15-2471.patel v. ca.ORDER continuance

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