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