Turano v. County of Alameda et al

Filing 46

ORDER by Judge Kandis A. Westmore Granting 42 Motion to Enlarge Time; Denying 41 Ex Parte Application to Strike Defendants' Motions as Untimely. Plaintiff's oppositions to Defendants' motions due by 8/29/2018. Defendants' replies due by 9/5/2018. (kawlc2, COURT STAFF) (Filed on 8/20/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 17-cv-06953-KAW

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CYNTHIA N TURANO,
Plaintiff,

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v.

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United States District Court
Northern District of California

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COUNTY OF ALAMEDA, et al.,
Defendants.

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ORDER GRANTING MOTION TO
ENLARGE TIME; DENYING EX
PARTE APPLICATION TO STRIKE
DEFENDANTS' MOTIONS AS
UNTIMELY
Re: Dkt. No. 41, 42

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On August 10, 2018, Defendants filed a motion to dismiss the second amended complaint

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and a motion to strike the second amended complaint. (Dkt. Nos. 38, 39.) On August 14, 2018,

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Plaintiff filed an ex parte application to strike Defendants' motions as untimely, as the motions

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were due within 14 days of the filing of the second amended complaint. (Dkt. No. 41.) That same

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day, Defendants filed a motion to enlarge the time to file their motions to dismiss and strike. (Dkt.

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No. 42.)
The Court GRANTS Defendants' motion to enlarge time. The filing of the motions seven

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days after the deadline is not prejudicial to Plaintiff, nor will it cause any delay to the case. 1 While

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Defendants must be more careful in the future about correctly calculating dates, there is no

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showing that Defendants' conduct was not in good faith.
Because the Court grants Defendants' motion to enlarge time, the Court DENIES Plaintiff's

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ex parte application to strike Defendants' motions as untimely. The Court will, however, extend

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Plaintiff's opposition deadline to August 29, 2018. Defendants' reply is due by September 5,

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Indeed, Plaintiff was willing to stipulate to a seven-day extension if Defendants agreed to
withdraw their motions. (Huang Decl., Exh. A, Dkt. No. 41-1.)

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2018.
In the future, the parties should be mindful of the Northern District of California's

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Guidelines for Professional Conduct, which states that "a lawyer should agree to reasonable

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requests for extensions of time when the legitimate interests of his or her client will not be

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adversely affected."

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IT IS SO ORDERED.
Dated: August 20, 2018
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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