Davall v. Cordero et al

Filing 14

ORDER Granting 13 Ex Parte Application to Modify Briefing Schedule. Defendant Whitman SHALL FILE a response to Plaintiff's Motion forTemporary Restraining Order on or before 1/14/2021. Signed by Judge Janis L. Sammartino on 1/6/2021. (All non-registered users served via U.S. Mail Service) (tcf)

Case 3:20-cv-01968-JLS-KSC Document 14 Filed 01/07/21 PageID.104 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOSEPH DAVALL,
CDCR #AW-8294,

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ORDER GRANTING EX PARTE
APPLICATION TO MODIFY
BRIEFING SCHEDULE

Plaintiff,

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Case No.: 3:20-cv-1968 JLS (KSC)

vs.
A. CORDERO; D. WHITE;
WHITMAN,
Defendants.

(ECF No. 13)

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Presently before the Court is Defendant Whitman’s Ex Parte Application to Modify

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the Briefing Schedule. (“Appl.,” ECF No. 13.) On October 5, 2020, Plaintiff filed a

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Complaint alleging civil rights violations pursuant to 42 U.S.C. § 1983. (ECF No. 1.)

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Defendant Whitman was served on November 24, 2020. (Appl. at 1.) Plaintiff filed a

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Motion for a Temporary Restraining Order (“TRO”) nunc pro tunc to November 25, 2020.

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(ECF No. 9.) On December 8, 2020, the Court ordered Defendants to respond to Plaintiff’s

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Motion for TRO within seven days and served the Order via U.S. Mail on the California

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Department of Corrections and Rehabilitation, Department of Legal Affairs. (ECF No. 10

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at 2.) The Office of Legal Affairs did not respond to the Court’s Order or forward it to

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Defendant Whitman’s counsel at the Attorney General’s Office. (Appl. at 2.) Defendant
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3:20-cv-1968 JLS (KSC)

Case 3:20-cv-01968-JLS-KSC Document 14 Filed 01/07/21 PageID.105 Page 2 of 2

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Whitman returned a waiver of service to the U.S. Marshal on December 21, 2020. (Id.; see

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ECF No. 12.)

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Defendant claims that “neither Defendant nor defense counsel was made aware [of

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the Motion and Order] until January 4, 2021.” (Appl. at 2.) As Defendant had not yet

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entered an appearance, “defense counsel was not notified of the Motion and Order by the

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electronic filing system or by other means.” (Id. at 3.) Defendant Whitman argues that

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“[g]ood cause exists to modify the scheduling order because Defense counsel for

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Defendant Whitman did not learn of the Motion for a Temporary Restraining Order, or

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order to respond until January 4, 2021.” (Id. at 2.)

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Good cause appearing, the Court GRANTS Defendant Whitman’s Application

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(ECF No. 13). Defendant Whitman SHALL FILE a response to Plaintiff’s Motion for

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Temporary Restraining Order on or before January 14, 2021.

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IT IS SO ORDERED.
Dated: January 6, 2021

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3:20-cv-1968 JLS (KSC)