Owens v. Defazio et al

Filing 213

ORDER signed by District Judge John A. Mendez on 11/4/2020 ORDERING that, upon reconsideration, the order of the magistrate judge filed 9/24/2020 is AFFIRMED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THEON OWENS,

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No. 2: 16-cv-2750 JAM KJN P
Plaintiff,

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v.

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ORDER

JOSEPH DEGAZIO, et al.,

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Defendant.

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Pursuant to the mailbox rule, on October 8, 2020, plaintiff filed objections to the

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magistrate judge’s order filed September 24, 2020 granting defendants’ September 18, 2020

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motion for an extension of time to file an opposition to plaintiff’s partial motions for summary

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judgment and to file a cross-motion for summary judgment. (ECF No. 207.) The undersigned

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construes plaintiff’s objections as a request for reconsideration.
Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld unless

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“clearly erroneous or contrary to law.” Id. Upon review of the entire file, the court finds that it

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does not appear that the magistrate judge’s ruling was clearly erroneous or contrary to law.1

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In his request for reconsideration, plaintiff argue that defendants’ September 18, 2020 motion
for extension of time did not mention his motion for partial summary judgment filed August 27,
2020, thus waiving defendants’ right to file an opposition to this motion. Plaintiff is correct that
defendants’ September 18, 2020 motion for extension of time failed to mention his August 27,
2020 motion for partial summary judgment. However, this failure was clearly inadvertent. On
October 5, 2020, defendants filed another request for extension of time to file an opposition to
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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the
magistrate judge filed September 24, 2020 is affirmed.

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DATED: November 4, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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plaintiff’s motions for partial summary judgment. (ECF No. 202.) Defendants’ October 5, 2020
motion for extension of time identifies plaintiff’s motion for partial summary judgment filed
August 27, 2020. (Id.) On October 7, 2020, the magistrate judge granted defendants’ October 5,
2020 motion for an extension of time. (ECF No. 204.) Defendants have not waived their right to
file an opposition to plaintiff’s August 27, 2020 motion for partial summary judgment.
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