Thompson v. Brennan

Filing 20

ORDER REGARDING PLAINTIFF'S REQUEST FOR ADDITIONAL TIME AND ORDERING PARTIES TO MEET-AND-CONFER AND FILE STIPULATION BY FRIDAY DECEMBER 8, 2017. Signed by Judge Edward M. Chen on December 4, 2017. (emclc1, COURT STAFF) (Filed on 12/4/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRIAN THOMPSON,
Plaintiff,

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v.

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MEGAN J. BRENNAN, et al.,
Defendants.

ORDER REGARDING PLAINTIFF’S
REQUEST FOR ADDITIONAL TIME
TO OPPOSE DEFENDANT'S MOTION
TO DISMISS
Docket No. 18

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For the Northern District of California

United States District Court

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Case No. 17-cv-03798-EMC

On November 17, 2017, the Court ordered Plaintiff to show cause by December 1, 2017

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why his case should not be dismissed due to failure to file an opposition to Defendant’s motion to

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dismiss. See Docket No. 18. The Court ordered Plaintiff to respond to Defendant’s motion in the

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same filing. Id. On December 1, 2017, Plaintiff’s counsel filed an affidavit stating that she has

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been searching for co-counsel to help prosecute this case in light of a serious medical condition,

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and requesting additional time to submit a response to the Court’s order and Defendant’s motion.

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Defendant’s position on the request is not clear, but Plaintiff states that Defendant had previously

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agreed to grant her until November 20 to file an opposition but the Court issued its order to show

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cause before a stipulation was filed. Plaintiff failed to file an opposition by either the stipulated

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date (November 20) or the later deadline set by the Court (December 1). Thus, Plaintiff has failed

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to meet both deadlines. However, because Plaintiff’s affidavit attest to a serious medical

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condition, the Court orders the parties to meet-and-confer and to file a stipulation by Friday

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December 8, 2017 regarding a reasonable briefing schedule for Defendant’s motion to dismiss. If

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an agreement is not reached, Plaintiff must file a motion to enlarge time in accordance with the

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Local Rules by the same date. See Local Civ. R. 6-3 (rule governing motion to change time).

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IT IS SO ORDERED.
Dated: December 4, 2017
______________________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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