Rice v. Wagner et al

Filing 51

ORDER Granting 48 Motion for Extension of Time to File Response/Reply re 28 MOTION for Summary Judgment, 39 MOTION for Summary Judgment DEFENDANT RYAN WAGNER'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT;. Consolidated Opposition due by 12/26/2013. Consolidated Reply due by 1/24/2014. Signed by Judge Edward J. Davila on 12/6/2013. (Correction of 50 Order)(ecg, COURT STAFF) (Filed on 12/9/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 ) ) ) Plaintiff, ) ) v. ) ) ) RYAN WAGNER, et al., ) ) Defendants. ) _______________________________ ) ROYLAND RICE, No. C 11-06295 EJD (PR) ORDER GRANTING MOTIONS FOR EXTENSION OF TIME TO FILE CONSOLIDATED OPPOSITION (Docket Nos. 46 & 48) 17 18 Plaintiff filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. On August 19 27, 2013, Defendants filed a motion for summary judgment. (Docket No. 28.) On 20 November 6, 2013, this Court granted Plaintiff an extension of time until November 19, 21 2013, to file an opposition. (Docket No. 45.) On October 28, 2013, Defendants filed a 22 second motion for summary judgment. (Docket No. 39.) Plaintiff filed two motions 23 requesting additional time to file oppositions to Defendants’ motions. (Docket Nos. 46 & 24 48.) Defendants filed statements of non-opposition to both of Plaintiff’s motions. 25 (Docket Nos. 47 & 49.) Defendants requests that a reply be due no earlier than January 26 24, 2014, due to counsel’s unavailability from January 4, 2014 to January 12, 2014. 27 (Docket No. 49.) This Court construes Plaintiff’s motions as a request for additional time 28 to file a consolidated opposition. Order Granting Motion for EOT G:\PRO-SE\EJD\CR.11\06295Rice_grant-eot-consol_opp.wpd 1 Plaintiff’s request is GRANTED. Plaintiff shall file a consolidated opposition no 2 later than December 26, 2013, thirty days beyond the previous due date of Plaintiff’s 3 opposition. Defendants’ reply shall be filed no later than January 24, 2014. 4 This order terminates Docket Nos. 46 and 48. 5 6 DATED: 12/6/2013 EDWARD J. DAVILA United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Motion for EOT G:\PRO-SE\EJD\CR.11\06295Rice_grant-eot-consol_opp.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROYLAND RICE Case Number: CV11-06295 EJD Plaintiff, CERTIFICATE OF SERVICE v. RYAN WAGNER et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 9, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Royland Rice UEQ - 820 #7525 U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 3900 ADELANTO, CA 92301 Dated: December 9, 2013 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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