Shaw v. Sacramento County Sheriff's Department

Filing 14

ORDER signed by District Judge Troy L. Nunley on 11/2/2016 GRANTING 13 request for an extension of time and hereby ORDERS Plaintiff to file an amended complaint with the Court by 11/30/2016. (Butolph, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHEENA SHAW,

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No. 2:16-cv-00729-TLN-CKD
Plaintiff,

v.

ORDER

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT,
Defendant.

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Plaintiff Sheena Shaw (“Plaintiff”) initiated this action on April 6, 2016. (Compl., ECF

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No. 1.) On April 19, 2016, Magistrate Judge Carolyn Delaney dismissed the case and granted

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Plaintiff 28 days leave to file an amended complaint. (ECF No. 3.) Plaintiff requested multiple

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extensions of time to file her amended complaint and also moved to appoint counsel. Upon

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appointment of counsel, Magistrate Judge Delaney permitted Plaintiff and Plaintiff’s Counsel

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until October 31, 2016, to file an amended complaint. (ECF No. 11.) At 7:37 PM on October 31,

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2016, Counsel for Plaintiff filed a request for extension of time to file the amended complaint.

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(ECF No. 13.) Counsel cites as the reasons for the extension request an upcoming trial date of

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November 8, 2016, which has been continued, and briefing requests by the Court of Appeal on

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October 11, 2016. (ECF No. 13 at 2.) The Court recognizes that Counsel for Plaintiff has likely

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known of the trial date in November for months. Additionally, Counsel knew on October 11,
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2016, of the Court of Appeal’s request for additional letter briefing. Given this knowledge, the

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Court would have expected Counsel to request an extension of time before the evening of the

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deadline for filing the amended complaint. The Court admonishes Counsel to file any future

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requests in a more reasonable time, especially when Counsel knows the reasons for the request

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prior to the deadline. The Court will not grant any future requests for extension of time absent

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good cause being shown.

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However, to allow Plaintiff a fair chance to litigate her claim, the Court GRANTS

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Counsel’s request for an extension of time and hereby ORDERS Plaintiff to file an amended

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complaint with the Court by November 30, 2016.

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IT IS SO ORDERED.

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Dated: November 2, 2016

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Troy L. Nunley
United States District Judge

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