David Atzet v. Paramo

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2018 GRANTING 34 Motion for Extension of Time to file a sur-reply and DIRECTING respondent to provide petitioner with a copy of the lodged documents within 14 days from this order. Petitioner shall file and serve his sur-reply within 90 days from the date of this order. Respondent's response to the sur-reply, if any, shall be filed 14 days thereafter. (Fabillaran, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DAVID ATZET,

12

Petitioner,

13
14

No. 2:17-cv-1399 JAM KJN P

v.

ORDER

DANIEL PARAMO,

15

Respondent.

16
Petitioner has requested an extension of time to file and serve a reply to respondent’s

17
18

December 29, 2017 reply regarding respondent’s October 9, 2017 motion to dismiss. Petitioner

19

states that respondent referred to numerous documents, identified by numerical designation,

20

which prevents him from identifying the documents or responding thereto. Review of the reply

21

reflects that respondent refers to various numbers1 rather than specifically identifying the

22

document by date or description. (ECF No. 30.) Review of respondent’s certificate of service

23

does not reflect service of these documents on petitioner. (ECF No. 31-1.)
Good cause appearing, petitioner is granted leave to file a sur-reply. Respondent is

24
25

directed to provide petitioner with a copy of the documents lodged with the court on December

26

29, 2017, that bear the Bates numbers referred to by respondent.

27
28

1

These numbers appear to refer to the Bates numbers centered at the bottom in parenthesis of
each page of the documents submitted b respondent.

1

Petitioner is not required to append copies of such documents to his sur-reply, but should

2

refer to the document by number. Respondent is granted leave to file a response to the sur-reply

3

if he so chooses.

4

IT IS HEREBY ORDERED that:

5

1. Petitioner’s motion for an extension of time (ECF No. 34) is granted; petitioner is

6

granted leave to file a sur-reply to respondent’s reply;

7

2. Within fourteen days from the date of this order, respondent shall provide petitioner

8

with a copy of the documents lodged with the court on December 29, 2017, including assigned

9

Bates numbers; and

10

3. Petitioner shall file and serve his sur-reply within ninety days from the date of this

11

order. Respondent’s response to the sur-reply, if any, shall be filed fourteen days thereafter.

12

Dated: January 30, 2018

13
14
15
/atze1399.111

16
17
18
19
20
21
22
23
24
25
26
27
28
2