(PS) Bernhard et al v. County of San Joaquin et al

Filing 25

ORDER signed by Magistrate Judge Deborah Barnes on 3/7/23 GRANTING 23 plaintiff's Motion for Extension of Time. Within 28 days from the date of this order, an amended complaint may be filed. Within 28 days from date of this order plaintiffs shall file proof of service of the amended complaint on the defendants. (Kastilahn, A)

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Case 2:21-cv-00948-DAD-DB Document 25 Filed 03/08/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 LLOYD THOMAS BERNARD, II; STEPHANIE CELESTE TEJADAOTERO, 13 14 15 16 Plaintiffs, No. 2:21-cv-00948 DAD DB PS ORDER v. COUNTY OF SAN JOAQUIN, et al., Defendants. 17 18 Plaintiffs Lloyd Thomas Bernard and Stephanie Celeste Tejada-Otero are proceeding in 19 this action pro se. This matter was referred to the undersigned in accordance with Local Rule 20 302(c)(21) and 28 U.S.C. § 636(b)(1). On December 23, 2022, the undersigned dismissed 21 plaintiffs’ complaint and granted plaintiffs leave to amend and to properly serve the defendants. 22 (ECF No. 22.) On January 19, 2023, plaintiffs filed a motion seeking a 45-day extension of time 23 to file the amended complaint. (ECF No. 23.) Therein, plaintiffs note that their complaint 24 concerns state court juvenile proceedings, that holidays have delayed their drafting, and that 25 plaintiffs have been attempting to retain counsel. On January 31, 2023, defendants filed an 26 opposition. (ECF No. 24.) 27 28 Having reviewed the parties’ filings, the undersigned finds that plaintiffs have established good cause for granting an extension of time. 1 Case 2:21-cv-00948-DAD-DB Document 25 Filed 03/08/23 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiffs’ January 19, 2023 motion for an extension of time (ECF No. 23) is granted; 3 2. Within twenty-eight days from the date of this order, an amended complaint may be 4 filed that cures the defects noted in this order and complies with the Federal Rules of Civil 5 Procedure and the Local Rules of Practice. The amended complaint must bear the case number 6 assigned to this action and must be titled “Amended Complaint”; and 7 3. Within twenty-eight days from date of this order plaintiffs shall file proof of service of 8 the amended complaint on the defendants in compliance with Rule 4. 9 Dated: March 7, 2023 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DLB:6 DB\orders\orders.pro se\bernhard0948.eot.ord 25 26 27 28 2

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