Colleen Mary Rohan, et al v. Jill Brown, et al

Filing 694

ORDER re 666 MOTION for Extension of Time to File Opening Brief On Merits Of Stipulated Claims filed by Oscar Gates, Set hearing 667 MOTION Expand The Record . Motions terminated: 666 MOTION for Extension of Time t o File Opening Brief On Merits Of Stipulated Claims filed by Oscar Gates. Motion Hearing set for 4/9/2014 01:30 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Signed by Judge William Alsup on 1/28/2014. (dt, COURT STAFF) (Filed on 1/28/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ORDER

Petitioner,

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No. C 88-2779 WHA

OSCAR GATES,

v.
KEVIN CHAPPELL, Warden,
Respondent.
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Petitioner has requested a six-week extension to file merits briefing on ten claims. For
the following reasons, petitioner’s request for a six-week extension is DENIED.

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Petitioner’s brief was due on January 24, 2014; he filed his request well after the close

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of business on January 23, 2014 (the ECF notification is time-stamped 9:46 pm.) Petitioner is

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represented by two highly-qualified attorneys, and the Court initially ordered briefing on ten

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claims in this matter on June 24, 2013. The Court granted previous continuances on the

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briefing as a result of the government shutdown and in order to allow the parties to focus on

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settlement, but the Court confirmed at the most recent hearing of December 18, 2013 that

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further delays would not be tolerated.

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In light of the above, and in light of the fact that the parties are addressing only ten
claims in the petition, petitioner’s declaration does not provide adequate justification for a six-

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week extension of time, nor indeed for any delay in the briefing schedule ordered by the Court

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in December. Nonetheless, the Court will allow a two-week extension from the original

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deadline. Accordingly, petitioner’s opening brief is due no later than noon on February 7, 2014.

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Respondent’s opposition is due on or before March 7, 2014; petitioner’s reply is due on or

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before March 21, 2014. The hearing is scheduled for April 9, 2014 at 1:30 pm. No further

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extensions will be granted.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: January

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, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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