Hash v. Rallos et al

Filing 75

ORDER signed by Magistrate Judge Allison Claire on 09/28/2022 GRANTING 74 Motion for Extension of Time. Plaintiff has until 10/12/2022 to serve requests for discovery. Plaintiff also has until 12/12/2022 to file any motions necessary to compel discovery. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE GEORGE HASH,

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No. 2:17-cv-1721 TLN AC P

Plaintiff,

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v.

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ORDER

T. RALLOS, et al.,

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Defendants.

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Plaintiff has filed a motion for a thirty-day extension of time to serve written discovery

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requests on defendants. ECF No. 74. The current deadline for serving written discovery expired

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on September 12, 2022. Under Federal Rule of Civil Procedure 6(b), when a motion to extend

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time is made after the time has expired,1 the party must show excusable neglect. Although

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plaintiff does not expressly address the issue, his motion sufficiently establishes excusable neglect

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for the delay in filing. Good cause appearing, the motion will therefore be granted. The deadline

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for motions to compel will also be extended accordingly. Plaintiff is cautioned that in the future,

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if he files a motion for an extension of time after the deadline he seeks to extend has already

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passed, he must explain why he failed to file the motion before the deadline expired.

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Based on plaintiff’s certificate of service, the motion was constructively filed on September 15,
2022. See Houston v. Lack, 487 U.S. 266, 276 (1988) (establishing rule that a prisoner’s court
document is deemed filed on the date the prisoner delivered the document to prison officials for
mailing).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time (ECF No. 74) is GRANTED;

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2. Plaintiff shall have an additional thirty days, up to October 12, 2022, to serve requests

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for discovery pursuant to Federal Rules of Civil Procedure 31 (deposition by written question), 33

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(interrogatories), 34 (production of documents), or 36 (admissions); and

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3. Plaintiff shall have until December 12, 2022, to file any motions necessary to compel

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discovery.

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DATED: September 28, 2022

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