(PC) Branson v. Trinity County Sheriff's Department
Filing
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ORDER signed by Magistrate Judge Allison Claire on 11/09/23 GRANTING 45 defendants Bauman and Alleson's Request for Extension of Time; defendants shall have until 12/15/23 to file a motion for summary judgment. (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KIP BRANSON,
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No. 2:19-cv-2452 KJM AC P
Plaintiff,
v.
ORDER
TRINITY COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.
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Defendants Bauman and Alleson have filed an untimely motion to extend the time for
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filing a motion for summary judgment. ECF No. 45. The deadline for filing dispositive motions
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was October 6, 2023. ECF No. 38 at 6.
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Federal Rule of Civil Procedure 6(b) provides that the court may extend time “on motion
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made after the time has expired if the party failed to act because of excusable neglect.” Although
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counsel explains why he was unable to complete a dispositive motion by the deadline, he offers
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no explanation as to why he was unable to file a motion for an extension of time prior to the
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expiration of the deadline and waited until over a month after the deadline expired to seek an
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extension. ECF No. 45 at 2-3. Defendants have therefore failed to establish excusable neglect,
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and it would be entirely appropriate to deny the motion on that ground. Counsel is hereby
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admonished. However, because a motion for summary judgment may narrow the issues for trial
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or obviate the need for a trial, and given the overwhelming caseload this court labors under, the
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interest of judicial economy favors granting the request.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Defendants Bauman and Alleson’s motion for an extension of time (ECF No. 45) is
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GRANTED; and
2. Defendants shall have until December 15, 2023, to file a motion for summary
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judgment.
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DATED: November 9, 2023
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