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