Sanchez v. Torres et al

Filing 59

ORDER by Magistrate Judge Howard R. Lloyd granting 55 plaintiff's motion for an extension of time. Amended complaint due by 2/17/2009. (hrllc2, COURT STAFF) (Filed on 1/29/2009)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CHRISTINA SANCHEZ, Plaintiff, v. SUZETTE Z. TORRES, FIRST AMERICAN TITLE, JANE E. BEDNAR, NAM NGUYEN, HOMECOMINGS FINANCIAL NETWORK, CITIMORTGAGE, INC., JEFFERY H. LOWENTHAL, BRYAN M. KRAFT, ANGELO PAUL RUSSO, CITY OF SALINAS, ADAM M. GREELY, ANDY PHAM, MONTEREY COUNTY, EXECUTIVE TRUSTEE SERVICES, LOANCITY.COM, JOHN H. MITCHELL, Defendants. / On December 18, 2008, this court granted the motion to dismiss filed by the sole remaining defendant, the County of Monterey ("County"), with leave to amend. The order directed plaintiff to file her amended complaint as to the County by January 19, 2009, and further, stated that "[i]f Sanchez has not filed it by that date, or secured an extension of time based on good cause, the court will dismiss as to Monterey without further notice." (Docket #52, December 18, 2008 Order at 11:24-25). On the day her amended pleading was due, Sanchez did not file an amended complaint. Instead, she filed a request seeking an unspecified No. C07-04174 HRL ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME *E-FILED 1/29/2009*

United States District Court

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For the Northern District of California

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[Re: Docket No. 55]

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additional period of time to do so. She asserted that she could not file her amended pleading by the court-ordered deadline because of an alleged "medical condition" and because she did not "obtain legal advice in time." (See Docket #55). The County opposes Sanchez's request for an extension. Sanchez has not established good cause for an extension of time. As detailed in prior orders of this court, plaintiff has, throughout this litigation, consistently failed to (a) timely file papers with the court, (b) meet court-ordered deadlines, and (c) make scheduled court appearances. The fact that Sanchez is representing herself does not absolve her of the responsibility to diligently prosecute her case and to adhere to rules that all litigants are required to follow. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (finding that pro per litigants must follow the same procedural rules as represented parties). In any event, the court notes that plaintiff previously has filed several amended complaints in this action on her own and never until now suggested the need or desire to "obtain legal advice." Further, Sanchez's vague and unsupported assertions as to an alleged "medical condition" are insufficient to establish good cause for an extension. Nevertheless, this court will exercise its discretion to permit Sanchez some additional time to file her amended pleading as to the County of Monterey. Accordingly, Sanchez's amended complaint as to the County shall be filed no later than February 17, 2009. No further requests for an extension of this deadline will be entertained unless plaintiff submits a declaration under penalty of perjury from a physician licensed to practice in California that her "medical condition" has, in fact, prevented her continuously since January 19, 2009 from drafting and filing an amended pleading and stating the reason for her inability as well as the date when she will be able. SO ORDERED. Dated: January 29, 2009 HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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5:07-cv-4174 Notice electronically mailed to: Citimortgage, Inc. [e-mail] Edward Egan Smith [e-mail], [e-mail] Georgina Berenice Mendoza [e-mail], [e-mail], [e-mail] Jessica Carolyn Grannis [e-mail] Susan J. Matcham [e-mail], [e-mail], [e-mail] William K. Rentz [e-mail], [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 5:07-cv-4174 Notice mailed to: Christina Sanchez 834 Tumbleweed Drive Salinas, CA 93905

United States District Court

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For the Northern District of California

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