Chau v. Young et al

Filing 42

ORDER DENYING FOURTH EXTENSION OF DEADLINE 39 40 (Illston, Susan) (Filed on 7/28/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EDDIE CHAU,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C 13-764 SI (pr)
ORDER DENYING FOURTH
EXTENSION OF DEADLINE

v.
J. YOUNG; et al.,
Defendants.
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There currently is pending a defense motion to dismiss and for summary judgment that
was filed on October 25, 2013. The court has three times extended the deadline for plaintiff's
opposition. Plaintiff's opposition to defendant's motion was originally due on November 8,
2013; the deadline was extended to January 24, 2014; the deadline was again extended to March
28, 2014 with a warning that no further extensions of the deadline should be expected; and the
deadline was again extended to July 18, 2014 with a warning that no further extensions of this
deadline would be granted for any reason. See Docket # 12, # 32, # 35, # 38. Plaintiff now
requests an extension of sixty days due to a prison lockdown that started on June 12, 2014.
Although he may now be under a lockdown, plaintiff had 230 days before that lockdown began
to do his legal research, and even under lockdown may have been able to use the library paging
system. There also is no reason to expect that, if the court granted it, this request for an
extension of time would not be followed by another one and another one after that. Eight
months was more than enough time for a diligent plaintiff to prepare an opposition. The request
for an extension of the deadline to file an opposition is DENIED. (Docket # 40.) The court will
not entertain any more requests that seek the extension of the deadline to file an opposition to
the motion for summary judgment.

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Fortunately for plaintiff, the court is otherwise occupied for the next couple of weeks, and

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will not turn its attention to defendants' motion until August 15, 2014. If plaintiff's opposition

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is at the courthouse (not just given to prison officials to mail to the court) by August 15, the court

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will consider it. If plaintiff's opposition has not reached the courthouse by that date, defendants'

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motion will be deemed unopposed.

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IT IS SO ORDERED.

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Dated: July 28, 2014

_______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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