Ernest v. University of Phoenix et al

Filing 37

ORDER granting 36 Plaintiff's ex parte application for leave to file Second Amended Complaint. Signed by Judge Marilyn L. Huff on 3/18/2010. (All non-registered users served via U.S. Mail Service)(tkl) (jrl).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
CAROLYN M. ERNEST, vs. Plaintiff, CASE NO. 08-CV-2363-H (POR) ORDER GRANTING SECOND EX PARTE APPLICATION FOR LEAVE TO FILE SAC

UNIVERSITY OF PHOENIX; DR. SOPHIE HSIA; DR. DAVID L. HALL, Defendants.

On November 25, 2009, the Court dismissed Plaintiff's First Amended Complaint and gave Plaintiff until January 4, 2010 to file an amended pleading. (Doc. No. 29.) On January 4, 2010, Plaintiff filed an ex parte application for extension fo time to file her Second Amended Compliant ("SAC"). (Doc. No. 31.) Plaintiff, who was in a Ph.D. program at the University of Phoenix, sought an extension to file an amended complaint until January 31, 2010, or later. (Id. at 2.) On January 21, 2010, the Court granted Plaintiff an extension of time to file a SAC by March 1, 2010. (Doc. No. 32.) The Court explained that this extension would give Plaintiff ample opportunity to file her amended pleading.1 (Id.) Nonetheless, Plaintiff did not file her SAC until March 16, 2010. (Doc. No. 34.) On March 16, 2010, Plaintiff also filed an ex parte application for leave to file her SAC late. (Doc. No. 36.)

The Court noted that Plaintiff had failed to comply with Court-ordered deadlines for filing in the past, and had filed multiple requests for extensions during the course of this action.
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Plaintiff is pro se, and represents to the Court that she was unable to comply with the March 1, 2010 deadline due to her health condition. (Id. at 2.) The Court GRANTS Plaintiff's ex parte application for leave to file her SAC. While the Court is sympathetic to Plaintiff's circumstances, the Court expects all parties to comply with the filing deadlines in the future. IT IS SO ORDERED. DATED: March 18, 2010 ______________________________ MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT

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