Quillinan v. Ainsworth et al

Filing 41

ORDER by Judge Kandis A. Westmore granting in part and denying in part Plaintiff's #40 Administrative Motion seeking an extension of time to file an opposition to Defendants' motion to dismiss. Plaintiff's Opposition is due by 8/7/2017. Defendants' Reply is due by 8/14/2017. (kawlc1, COURT STAFF) (Filed on 8/1/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN DANIEL QUILLINAN,
Plaintiff,

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United States District Court
Northern District of California

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v.
RUSSELL AINSWORTH, et al.,

Case No. 4:17-cv-00077-KAW
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF'S
REQUEST FOR A CONTINUANCE
Re: Dkt. No. 40

Defendants.

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On July 10, 2017, Defendants Russell Ainsworth, Daniel Bornstein, Joel Feldman, Bruce

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Goldstone, Hayden Manager LLC, Michael Kanovitz, Jon Loevy, Dianne Murphy, Ashley

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Peterson, SRG 414 Lessor LLC, SRG Manager LLC, Richard Silverstein, Silverstein Realty

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Group LLC, Andrew Thayer filed a motion to dismiss. (Dkt. No. 35.) Defendants, however, did

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not notice the motion for the proper hearing date under the Local Rules, so the date was continued.

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(Dkt. No. 36.) Plaintiff did not realize that the briefing schedule was not affected, and failed to

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file a timely opposition, which was due on July 24, 2017. (Dkt. No. 40.) On July 26, 2017,

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Plaintiff filed a request for a fifteen-day extension pursuant to Civil Local Rule 7-11. Defendants

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did not file an opposition.

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As an initial matter, Plaintiff does not appear to have first sought to obtain a stipulation

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with opposing counsel for an extension of time, as required by the Civil Local Rules. See Civil

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L.R. 7-11(a). Plaintiff is advised that, going forward, he must familiarize himself with the Civil

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Local Rules, and comply with same.

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Notwithstanding, since Plaintiff is proceeding pro se, the Court will give him an extension,

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but not the fifteen days requested, because the Court must have the briefing well in advance of the

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August 31, 2017 hearing date. Accordingly, Plaintiff’s request is GRANTED IN PART AND

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DENIED IN PART, such that Plaintiff shall file his opposition on or before August 7, 2017.

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Defendants’ reply shall be filed on or before August 14, 2017.

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IT IS SO ORDERED.
Dated: August 1, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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