Jiau v. Tews

Filing 57

ORDER by Judge Yvonne Gonzalez Rogers granting in part and denying in part 56 Administrative Motion for Extension of Time to File Dispositive Motion. Dispositive Motion due by 12/27/2018. Plaintiff Opposition/Responses due by 1/24/2019. Replies due by 2/7/2019. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/13/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WINIFRED JIAU,

Case No. 13-cv-04231-YGR (PR)

Plaintiff,
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v.
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RANDY L. TEWS,

ORDER DENYING IN PART AND
GRANTING IN PART DEFENDANT’S
REQUEST FOR EXTENSION OF TIME
TO FILE DISPOSITIVE MOTION

Defendant.

United States District Court
Northern District of California

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Defendant filed a request for a sixty-day extension of time, up to and including, in which

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to file a dispositive motion. Dkt. 56. The disposition motion is currently due on November 30,

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2018. However, according to the motion, “[t]he Assistant United States Attorney (“AUSA”) who

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is assigned to this case will depart the United States Attorney’s Office on November 16, 2018, and

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the case will be assigned to a new AUSA.” Id. at 2. Thus, Defendant requests a “short extension

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to allow the new AUSA to become familiar with the case, prepare the filing, and see it through its

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conclusion.” Id. Defendant states that Plaintiff declined to stipulate to the motion, and thus the

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Court construes this as Plaintiff’s opposition to any such extension.

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Having read and considered Defendant’s request and the accompanying declaration filed
by Defendant,
IT IS HEREBY ORDERED that Defendant’s request for an extension of time is DENIED

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in part and GRANTED in part. The Court notes that Defendant was initially given sixty days to

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file a dispositive motion, which should have given Defendant’s counsel ample opportunity to meet

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this deadline. The Court DENIES Defendant’s request for a sixty-day extension of time and finds

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that only a twenty-eight-day extension of time is warranted. Thus, the motion is GRANTED in

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part, and the time for Defendant to file a dispositive motion is extended up to and including

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December 27, 2018.

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Plaintiff’s opposition shall be filed with the Court and served on Defendant no later than

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twenty-eight (28) days from the date Defendant’s motion is filed. Defendant’s reply shall be

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filed with the Court and served on Plaintiff no later than fourteen (14) days after Plaintiff’s

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opposition is filed.

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No further extensions of time will be granted absent extraordinary circumstances.

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This Order terminates Docket no. 56.

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IT IS SO ORDERED.

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Dated: November 13, 2018
______________________________________
YVONNE GONZALEZ ROGERS
United States District Judge

United States District Court
Northern District of California

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