Williams v. Lujan

Filing 32

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFFS 31 REQUEST FOR EXTENSION OF TIMERe 27 MOTION for Summary Judgment. Responses due by 8/28/2017; Replies due by 9/11/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 7/19/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY WILLIAMS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-04290-HSG (PR)
ORDER GRANTING PLAINTIFF’S
REQUEST FOR EXTENSION OF TIME

v.

Re: Dkt. No. 31

A. LUJAN,
Defendant.

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Good cause appearing, Plaintiff’s request for an extension of time to file an opposition to

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Defendant’s motion for summary judgment is GRANTED. Plaintiff shall file his opposition no

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later than August 28, 2017. Defendant shall file his reply no later than fourteen (14) days after

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the date of service of the opposition.

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Plaintiff requests an order from the Court permitting him to: (1) make phone calls

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necessary to securing declarations from correctional officers, and (2) maintain in his possession

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pictures of standard issue boots so that he can submit them as evidence in support of his

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opposition. Plaintiff’s request is DENIED. Plaintiff has not shown that propounding discovery

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would be insufficient for his purposes. Moreover, the restrictions Plaintiff complains of are

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presumably due to rules or regulations set forth by San Quentin State Prison, which is not a party

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to this action.

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If Plaintiff determines that necessary facts are unavailable to him due to lack of discovery,

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Plaintiff may, along with his opposition, file a declaration pursuant to Federal Rule of Civil

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Procedure 56(d). Rule 56(d) provides that if a party opposing a summary judgment motion shows

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“by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its

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opposition, the court may (1) defer considering the motion or deny it; (2) allow time to obtain

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affidavits or declarations or to take discovery; or (3) issue any other appropriate order. Fed. R.

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Civ. P. 56(d).

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This order terminates Docket No. 31.

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IT IS SO ORDERED.

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Dated: 7/19/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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