(PC) Branson v. Trinity County Sheriff's Department

Filing 47

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.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KIP BRANSON,

12
13
14
15
16

No. 2:19-cv-2452 KJM AC P
Plaintiff,

v.

ORDER

TRINITY COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

17
18

Defendants Bauman and Alleson have filed an untimely motion to extend the time for

19

filing a motion for summary judgment. ECF No. 45. The deadline for filing dispositive motions

20

was October 6, 2023. ECF No. 38 at 6.

21

Federal Rule of Civil Procedure 6(b) provides that the court may extend time “on motion

22

made after the time has expired if the party failed to act because of excusable neglect.” Although

23

counsel explains why he was unable to complete a dispositive motion by the deadline, he offers

24

no explanation as to why he was unable to file a motion for an extension of time prior to the

25

expiration of the deadline and waited until over a month after the deadline expired to seek an

26

extension. ECF No. 45 at 2-3. Defendants have therefore failed to establish excusable neglect,

27

and it would be entirely appropriate to deny the motion on that ground. Counsel is hereby

28

admonished. However, because a motion for summary judgment may narrow the issues for trial
1

1

or obviate the need for a trial, and given the overwhelming caseload this court labors under, the

2

interest of judicial economy favors granting the request.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Defendants Bauman and Alleson’s motion for an extension of time (ECF No. 45) is

5
6

GRANTED; and
2. Defendants shall have until December 15, 2023, to file a motion for summary

7

judgment.

8

DATED: November 9, 2023

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2