Quillinan v. Ainsworth et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
KEVIN DANIEL QUILLINAN,
RUSSELL AINSWORTH, et al.,
ORDER DENYING PLAINTIFF'S
THIRD ADMINISTRATIVE MOTION
Re: Dkt. No. 55
United States District Court
Northern District of California
Case No. 4:17-cv-00077-KAW
On August 25, 2017, Plaintiff filed a third administrative motion for an extension of time
to file a declaration in support of his consolidated opposition to the pending motions to dismiss.
(Pl.’s Mot., Dkt. No. 55.)1 Plaintiff stated that he needed more time to attach evidence in support
of his opposition, including emails and other communications with Defendants, which showed that
the eviction was illegal and in retaliation for other conduct. Id. at 1-2. The Court does not
generally consider this type of outside evidence in deciding a motion to dismiss. Rather, a motion
to dismiss is decided based on the sufficiency of the allegations in the operative complaint.
Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).
Accordingly, the Court DENIES Plaintiff’s administrative motion for an extension of time
to file a supporting declaration.
IT IS SO ORDERED.
Dated: September 15, 2017
KANDIS A. WESTMORE
United States Magistrate Judge
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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