Elofson v. Bivens et al

Filing 128

ORDER GRANTING 126 DEFENDANT SCARINGELLI'S APPLICATION FOR EXTENSION OF DEADLINE TO FILE REPLY BRIEF. Signed by Judge Beth Labson Freeman on 6/27/2016. (blflc1S, COURT STAFF) (Filed on 6/27/2016)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 GREG STEVEN ELOFSON, Case No. 15-cv-05761-BLF Plaintiff, 10 v. United States District Court Northern District of California 11 12 STEPHANIE BIVENS, et al., Defendants. ORDER GRANTING DEFENDANT SCARINGELLI’S APPLICATION FOR EXTENSION OF DEADLINE TO FILE REPLY BRIEF [Re: ECF 126] 13 14 15 The Court has reviewed Defendant Scaringelli’s application for a fourteen-day extension 16 of time to file a reply brief in support of his motion to dismiss, ECF 126, and Plaintiff’s response 17 thereto, ECF 127. While stopping short of actually opposing the application or requesting that it 18 be denied, Plaintiff points out that Defendant Scaringelli is required to brief only his own motion 19 to dismiss while Plaintiff is required to brief six motions to dismiss brought by six different 20 defendants. The Court acknowledges the disparity of the burdens placed upon Plaintiff and 21 Defendant Scaringelli with respect to the pending motions. However, that disparity does not 22 constitute grounds for denying Defendant Scaringelli’s application for an extension of time where, 23 as here, granting the extension will not prejudice Plaintiff or impact the Court’s ability to prepare 24 for the hearing. The Court notes that it previously has granted requests of a similar nature brought 25 by Plaintiff, on one occasion a request to exceed the applicable page limit and on another a request 26 to extend time for service of process. See Order Granting Plaintiff’s Motion to Exceed Applicable 27 Page Limit, ECF 88; Order Granting Plaintiff’s Motion to Extend Time for Service of Process on 28 Defendant McCullum, ECF 95. 1 2 3 Accordingly, Defendant Scaringelli’s application for an extension of time is GRANTED and his deadline for filing a reply brief is EXTENDED to July 15, 2016. IT IS SO ORDERED. 4 5 6 7 Dated: June 27, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 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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