Herbert v. King County et al
ORDER granting Plaintiff's 49 Motion to Clarify; RE-NOTING Defendants' 31 MOTION for Summary Judgment: Noting Date 4/21/2017, by Hon. Brian A Tsuchida. (SWT) (cc: Plaintiff via USPS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
7 ANTHONY G. HERBERT,
ORDER GRANTING MOTION TO
CLARIFY AND RE-NOTING
DEFENDANTS’ MOTION FOR
10 KING COUNTY, et al.,
Case No. C16-380 RSL-BAT
Plaintiff Anthony G. Herbert asks the Court to clarify its Order Re-Noting Defendants’
13 Motion for Summary Judgment. Dkt. 49. In that Order, the Court re-noted the defendants’
14 motion for summary judgment because defendants had mistakenly mailed plaintiff’s copy of the
15 summary judgment to plaintiff’s previous address. Dkt. 35. To eliminate any potential prejudice
16 to plaintiff, the Court re-noted the motion from March 17, 2017 until March 24, 2017. Id. Thus,
17 plaintiff’s response date was extended to Friday, March 17, 2017 (if service is made via mail) or
18 Monday, March 20th (if service is made via alternative method). See LCR 7(d)(3). Plaintiff
19 takes issue with the fact that he did not receive the Court’s re-noting order until a few days
20 before his new response was due and asks for clarification. Dkt 49.
Although plaintiff had already been served with the motion for summary judgment and
22 the re-noting was done as a courtesy to eliminate any potential prejudice to him, the Court finds
ORDER - 1
1 that another short extension of plaintiff’s deadline is warranted to avoid any further confusion.
2 Accordingly, it is ORDERED:
Plaintiff’s motion for clarification is GRANTED;
The Clerk is directed to re-note Defendants’ motion for summary judgment for
5 consideration on Friday, April 21, 2017. Plaintiff shall file his response to the motion for
6 summary judgment on or before Friday, April 14, 2017.
The Clerk shall send a copy of this Order to plaintiff and to counsel for
DATED this 30th day of March, 2017.
BRIAN A. TSUCHIDA
United States Magistrate Judge
ORDER - 2
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