Hamilton v. Corujo

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/2017 ORDERING that Plaintiff's motion for an extension of time to file an opposition to the notice of removal (ECF No. 9 ) is DENIED; Defendant shall file a response to plaintiff� 39;s opposition and request for remand (ECF No. 7 ) within fourteen days; Plaintiff's motion for an extension of time to file his amended complaint (ECF No. 10 ) is GRANTED; and Plaintiff is relieved of his obligation to file an amended complaint until further order of court. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID HAMILTON,

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Plaintiff,

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No. 2:17-cv-0817 KJN P

v.

ORDER

K. CORUJO,

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Defendant.

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Plaintiff filed a motion for extension of time to file and serve his amended complaint.

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Additionally, plaintiff’s motion for extension of time to oppose the removal of this action from

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state court, and his opposition to the removal and request for remand are pending.
Defendant filed the notice of removal on April 18, 2017. Under 28 U.S.C. § 1447(c), any

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motion for remand is due thirty days after the filing of the notice of remand. Plaintiff’s

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opposition and request for remand was filed on May 5, 2017, within the thirty day deadline.

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Thus, his motion for extension of time to oppose the removal is unnecessary and is denied as

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moot. Defendant shall file a response to the opposition and request for remand within fourteen

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days from the date of this order. In light of plaintiff’s request to remand, his request for extension

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of time to file an amended complaint is granted. Plaintiff is relieved of his obligation to file an

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amended complaint until his opposition to the removal is resolved.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time to file an opposition to the notice of removal

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(ECF No. 9) is denied;
2. Defendant shall file a response to plaintiff’s opposition and request for remand (ECF

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No. 7) within fourteen days;
3. Plaintiff’s motion for an extension of time to file his amended complaint (ECF No. 10)

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is granted; and

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4. Plaintiff is relieved of his obligation to file an amended complaint until further order of
court.
Dated: May 23, 2017

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hami0817.36(2)

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