Spence v. Beard, et al.
Filing
123
ORDER signed by District Judge Troy L. Nunley on 1/5/2021 DENYING 118 Motion for Reconsideration and AFFIRMING 113 Order. (Huang, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GERALD SPENCE,
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No. 2:16-cv-01828-TLN-KJN
Plaintiff,
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v.
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G. KAUR, et al.,
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ORDER
Defendants.
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This matter is before the Court on Plaintiff Gerald Spence’s (“Plaintiff”) Motion for
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Reconsideration of the U.S. Magistrate Judge’s October 23, 2020 Order (ECF No. 113) granting
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Defendants G. Kaur and Chambers’s (collectively, “Defendants”) Request for an Extension of
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Time (ECF No. 112). (ECF No. 118.) For the reasons set forth below, Plaintiff’s Motion is
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DENIED.
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Plaintiff seeks reconsideration of the magistrate judge’s decision to grant Defendants an
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extension of time to oppose Plaintiff’s Motion to Compel (ECF No. 110). (ECF No. 118.)
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As an initial matter, Plaintiff’s Motion is untimely. A party may object to a non-
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dispositive pretrial order of a magistrate judge within 14 days after service of the order. Fed. R.
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Civ. P. 72(a). Here, the Order was issued and served on October 23, 2020 (ECF No. 113), and
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Plaintiff filed his Motion on December 13, 2020 (see ECF No. 118 at 1), 54 days later.1 As such,
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the Motion is denied.
Similarly, Plaintiff’s Motion for Reconsideration is rendered moot by the fact that the
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Motion to Compel has already been fully briefed by the parties and the magistrate judge has
issued a ruling on the motion. (See ECF Nos. 114, 117, 119.)
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Finally, and perhaps most importantly, Plaintiff fails to present any showing whatsoever
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that the magistrate judge’s decision to grant a 14-day extension of time was “clearly erroneous.”
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Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A); In re eBay Seller Antitrust Litig., No. C 07-1882
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JF (RS), 2009 WL 3613511, at *1 (N.D. Cal. Oct. 28, 2009); Martinez v. Lawless, No. 1:12-CV-
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01301-LJO-SKO, 2015 WL 5732549, at *1 (E.D. Cal. Sept. 29, 2015) (citing Kern-Tulare Water
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Dist. v. City of Bakersfield, 634 F. Supp. 656, 665 (E.D. Cal. 1986), aff’d in part and rev’d in part
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on other grounds, 828 F.2d 514 (9th Cir. 1987)); E.E.O.C. v. Peters’ Bakery, 301 F.R.D. 482, 484
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(N.D. Cal. 2014) (quoting Burdick v. C.I.R., 979 F.2d 1369, 1370 (9th Cir. 1992)).
For the foregoing reasons, Plaintiff’s Motion for Reconsideration is hereby DENIED.
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(ECF No. 118.) The Court affirms the magistrate judge’s Order granting Defendants an extension
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of time. (ECF No. 113.)
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IT IS SO ORDERED.
DATED: January 5, 2021
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Troy L. Nunley
United States District Judge
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Plaintiff’s filing date was determined pursuant to the prison mailbox rule. See Houston v.
Lack, 487 U.S. 266, 274 (1988).
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