Quillinan v. Ainsworth et al
Filing
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ORDER by Judge Kandis A. Westmore denying Plaintiff's #55 Administrative Motion requesting an extension of time to file a declaration in support of his opposition to the motions to dismiss. (kawlc1, COURT STAFF) (Filed on 9/15/2017)
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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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v.
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RUSSELL AINSWORTH, et al.,
ORDER DENYING PLAINTIFF'S
THIRD ADMINISTRATIVE MOTION
FOR RELIEF
Re: Dkt. No. 55
Defendants.
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United States District Court
Northern District of California
Case No. 4:17-cv-00077-KAW
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On August 25, 2017, Plaintiff filed a third administrative motion for an extension of time
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to file a declaration in support of his consolidated opposition to the pending motions to dismiss.
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(Pl.’s Mot., Dkt. No. 55.)1 Plaintiff stated that he needed more time to attach evidence in support
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of his opposition, including emails and other communications with Defendants, which showed that
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the eviction was illegal and in retaliation for other conduct. Id. at 1-2. The Court does not
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generally consider this type of outside evidence in deciding a motion to dismiss. Rather, a motion
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to dismiss is decided based on the sufficiency of the allegations in the operative complaint.
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Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).
Accordingly, the Court DENIES Plaintiff’s administrative motion for an extension of time
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to file a supporting declaration.
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IT IS SO ORDERED.
Dated: September 15, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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Plaintiff is reminded that he is required to lodge hard copies of all electronically-filed documents
with chambers in accordance with Civil L.R. 5-1(e)(7). Pursuant to the undersigned’s standing
order, all chambers copies must have the running ECF header, which includes the docket number.
(Judge Westmore’s General Standing Order ¶ 4.)
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