Mehmood v. Sarani

Filing 82

ORDER signed by District Judge Kimberly J. Mueller on 6/12/19 EXTENDING the parties deadline to 7/10/2019 to file a final pretrial status report. (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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YASIR MEHMOOD,

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Plaintiff,

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Case No. 2:17-cv-00970-KJM-AC

v.

ORDER

TABASSUM SARANI,

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Defendant.

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On March 26, 2019, the court addressed and overruled plaintiff’s numerous

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objections to the magistrate judge’s findings and recommendations, adopted those findings and

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recommendations and directed each party to file a final pretrial status report within 30 days of the

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order. Prior Order, ECF No. 77. On April 8, 2019, plaintiff filed a motion for reconsideration of

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the court’s order adopting the magistrate judge’s findings and recommendations. Mot., ECF No.

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79.

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Plaintiff argues the court should reconsider its order and allow him to file a motion

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for summary judgment because plaintiff did not receive mail from the court in December 2018,

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January 2019 “and 2 weeks of Feb 2019 also.” Id. at 2. Although unclear, plaintiff appears to

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claim that because of his inability to receive mail during those months, he did not receive the

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magistrate judge’s scheduling order, ECF No. 47, which set a December 12, 2018 deadline for

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dispositive motions, causing plaintiff to “miss[] the deadline innocently.” Id.

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Plaintiff has not raised grounds warranting reconsideration of the court’s order. The

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court’s scheduling order was issued on May 25, 2018. See ECF No. 47; Mot. at 2 (acknowledging,

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erroneously, that the scheduling order is “dated 3/26/19”). Plaintiff’s claim that he did not receive

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mail in December 2018 or January or February of 2019 does not explain whether or why he did not

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receive the May 2018 scheduling order. Moreover, plaintiff moved for summary judgment twice

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before the December 2018 deadline and apparently chose not to inquire as to any impending

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deadline. See ECF Nos. 54, 57. Accordingly, the court DENIES the motion.

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Plaintiff also requests a 30 day extension to file a final pretrial status report, citing

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“doctor’s visits, MRI visits and lab tests . . . .” Mot. at 1. He has since requested a stay or 90 day

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extension, noting he was recently hospitalized, served “as a material witness” in another court and

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is now in “Texas where he is waiting to be deported, unlawfully.” ECF No. 80. Thereafter,

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however, plaintiff filed a notice of change of address, indicating he is now located at the same

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Florida address he provided prior to any transport to Texas, suggesting a possible change in

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circumstances. ECF No. 81.

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In any event, in the interest of fairness, the court EXTENDS the parties’ deadline to
file a final pretrial status report to July 10, 2019.
IT IS SO ORDERED.
DATED: June 12, 2019.

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UNITED STATES DISTRICT JUDGE

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