Hawthorne v. Kernan et al

Filing 40

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 39 SECOND EXTENSION OF TIME TO FILE SECOND AMENDED COMPLAINT. Amended Complaint due by 5/21/2021. (ndrS, COURT STAFF) (Filed on 3/19/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARLOS A. HAWTHORNE, Plaintiff, 8 9 v. 10 A YANEZ, et al., ORDER GRANTING SECOND EXTENSION OF TIME TO FILE SECOND AMENDED COMPLAINT Re: Dkt. No. 39 Defendants. 11 United States District Court Northern District of California Case No. 17-cv-04960-HSG 12 Good cause being shown, Plaintiff’s request for a second extension of time to file his 13 14 second amended complaint is GRANTED. Dkt. No. 39. If Plaintiff wishes to file a second 15 amended complaint, he must file the second amended complaint by May 21, 2021. If Plaintiff 16 fails to file a second amended complaint in the time provided, the first amended complaint will 17 remain the operative complaint and this action will proceed on the claims found cognizable in the 18 Court’s November 24, 2020 order of partial service. The Court will not reset the briefing schedule 19 at this time. If Plaintiff files a second amended complaint, the Court will reset the briefing 20 schedule at that time. Plaintiff has indicated that he plans to file a discovery request with the Court. Dkt. No. 39. 21 22 Plaintiff should not file his discovery requests or responses with the Court. Discovery requests 23 and responses normally are exchanged between the parties without any copy sent to the court. See 24 Fed. R. Civ. P. 5(d) (listing discovery requests and responses that “must not” be filed with the 25 court until they are used in the proceeding or the court orders otherwise). The Court generally is 26 not involved in the discovery process and only becomes involved when there is a dispute between 27 the parties about discovery responses that they cannot resolve themselves. 28 // 1 This order terminates Dkt. No. 39. 2 IT IS SO ORDERED. 3 4 5 Dated: 3/19/2021 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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