Whitsitt v. Industrial Employer Distributor Association et al

Filing 76

ORDER by Judge Saundra Brown Armstrong GRANTING 74 PLAINTIFFS REQUEST FOR AN EXTENSION OF TIME. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 8/26/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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7 WILLIAM J. WHITSITT,

Plaintiff,

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vs.

Case No: C 13-0396 SBA
ORDER GRANTING PLAINTIFF’S
REQUEST FOR AN EXTENSION
OF TIME

10 INDUSTRIAL EMPLOYER DISTRIBUTOR

ASSOCIATION, et al.,
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Defendants.
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The Court previously granted Defendants’ motion to dismiss and dismissed all

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claims with leave to amend. Plaintiff was given twenty-one days to file his amended

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complaint, meaning it was due by August 12, 2014, and indicated that the failure to do so

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would result in the dismissal of the action under Federal Rule of Civil Procedure 41(b).

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Dkt. 71.

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On August 18, 2014, Plaintiff filed a request for “Relief from Default,” claiming that

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the past month has been “pure hell” because he is facing an unlawful detainer action from

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the house “we were renting.” Dkt. 74. He requests an additional forty-five days to file his

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Fourth Amended Complaint.

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No default has been entered in this action, and therefore, his request for relief from

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default is unripe. As for the proposed extension of time, the Court notes that Plaintiff

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already has had twenty-one days to prepare his Fourth Amended Complaint and that an

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additional forty-five days would be excessive. Moreover, Plaintiff did not request an

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extension of time until after his initial deadline had lapsed. While the Court certainly is

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within its discretion to dismiss the action, the Court, consistent with obligation to consider

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less drastic alternatives to dismissal, will afford Plaintiff a fourteen day extension of time to

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file his amended pleading. Given that Plaintiff’s task is to simplify and clarify the

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discursive and prolix allegations of his Third Amended Complaint, fourteen days should be

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an ample amount of time. Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiff’s request for an extension of time to file

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his Fourth Amended Complaint is GRANTED IN PART. Plaintiff shall have fourteen (14)

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days from the date this Order is filed to file his Fourth Amended Complaint. Plaintiff is

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again warned the failure to timely file the Fourth Amended Complaint and/or the failure to

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rectify the deficiencies noted in the Court’s comply with this Order dismissing the Third

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Amended Complaint (Dkt. 71) will result in the dismissal of the action with prejudice. This

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Order terminates docket 74.
IT IS SO ORDERED.
Dated: August 26, 2014

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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