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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 YASIR MEHMOOD, 11 Plaintiff, 12 13 Case No. 2:17-cv-00970-KJM-AC v. ORDER TABASSUM SARANI, 14 Defendant. 15 16 On March 26, 2019, the court addressed and overruled plaintiff’s numerous 17 objections to the magistrate judge’s findings and recommendations, adopted those findings and 18 recommendations and directed each party to file a final pretrial status report within 30 days of the 19 order. Prior Order, ECF No. 77. On April 8, 2019, plaintiff filed a motion for reconsideration of 20 the court’s order adopting the magistrate judge’s findings and recommendations. Mot., ECF No. 21 79. 22 Plaintiff argues the court should reconsider its order and allow him to file a motion 23 for summary judgment because plaintiff did not receive mail from the court in December 2018, 24 January 2019 “and 2 weeks of Feb 2019 also.” Id. at 2. Although unclear, plaintiff appears to 25 claim that because of his inability to receive mail during those months, he did not receive the 26 magistrate judge’s scheduling order, ECF No. 47, which set a December 12, 2018 deadline for 27 dispositive motions, causing plaintiff to “miss[] the deadline innocently.” Id. 28 ///// 1 1 Plaintiff has not raised grounds warranting reconsideration of the court’s order. The 2 court’s scheduling order was issued on May 25, 2018. See ECF No. 47; Mot. at 2 (acknowledging, 3 erroneously, that the scheduling order is “dated 3/26/19”). Plaintiff’s claim that he did not receive 4 mail in December 2018 or January or February of 2019 does not explain whether or why he did not 5 receive the May 2018 scheduling order. Moreover, plaintiff moved for summary judgment twice 6 before the December 2018 deadline and apparently chose not to inquire as to any impending 7 deadline. See ECF Nos. 54, 57. Accordingly, the court DENIES the motion. 8 Plaintiff also requests a 30 day extension to file a final pretrial status report, citing 9 “doctor’s visits, MRI visits and lab tests . . . .” Mot. at 1. He has since requested a stay or 90 day 10 extension, noting he was recently hospitalized, served “as a material witness” in another court and 11 is now in “Texas where he is waiting to be deported, unlawfully.” ECF No. 80. Thereafter, 12 however, plaintiff filed a notice of change of address, indicating he is now located at the same 13 Florida address he provided prior to any transport to Texas, suggesting a possible change in 14 circumstances. ECF No. 81. 15 16 17 18 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. 19 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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