Somers v. Digital Realty Trust Inc et al

Filing 344

ORDER by Judge Edward M. Chen partially granting 343 Plaintiff's Second Request for Extension of Time to File Opposition. Plaintiff's opposition is due Monday July 16. No further extensions will be granted. (emclc1, COURT STAFF) (Filed on 7/12/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL SOMERS,
Plaintiff,

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v.

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DIGITAL REALTY TRUST INC, et al.,

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United States District Court
Northern District of California

Case No. 14-cv-05180-EMC

Defendants.

ORDER PARTIALLY GRANTING
PLAINTIFF'S SECOND REQUEST FOR
AN EXTENSION
Docket No. 343

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Defendants filed their motion for summary judgment on June 14, 2018, nearly one month

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ago. Plaintiff previously requested an extension to file his opposition July 26; the Court granted

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Plaintiff an extra two weeks, until today, July 12, to file his opposition. See Docket No. 339. This

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morning, Plaintiff filed an eleventh-hour request for another one-week extension to file his

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opposition brief.1 Plaintiff does not explain why he waited until the last minute to request this

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relief. Further, Plaintiff admits he made no effort to confer with Defendants’ counsel about a

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stipulation.
Plaintiff has failed to establish good cause for a second extension. He claims he needs

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additional time because he has “been managing a crisis with a loved one” and he has “found new

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evidence which impacts his response.” He has not submitted a declaration to support his

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assertions, nor has he explained the nature of the crisis, the “new evidence,” or how they prevent

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him from filing a timely response. Plaintiff has had four full weeks to prepare his opposition,

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twice the amount of time normally allotted. Although Plaintiff has not shown good cause, the

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This is part of a long pattern of untimely or last-minute requests for scheduling changes. See,
e.g., Docket Nos. 313 (motion filed on April 26 to request the continuance of a hearing scheduled
on April 19), 274 (motion filed on Feb. 12 to request extension of lapsed Feb. 8 deadline), 247
(motion filed on July 26, 2017 requesting extension of deadline for same date).

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Court will grant one last extension – Plaintiff must file his opposition by Monday, July 16. No

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further extensions will be granted. Defendant’s reply brief is still due on July 26. The hearing

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will proceed on August 2, as previously scheduled. The Court will not approve further

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modifications to the briefing or hearing schedule.

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This order disposes of Docket No. 343.

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IT IS SO ORDERED.

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Dated: July 12, 2018

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______________________________________
EDWARD M. CHEN
United States District Judge

United States District Court
Northern District of California

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