Herbert v. King County et al

Filing 50

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)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 ANTHONY G. HERBERT, 8 9 Plaintiff, ORDER GRANTING MOTION TO CLARIFY AND RE-NOTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT v. 10 KING COUNTY, et al., 11 12 Case No. C16-380 RSL-BAT Defendants. 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. 21 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 23 ORDER - 1 1 that another short extension of plaintiff’s deadline is warranted to avoid any further confusion. 2 Accordingly, it is ORDERED: 3 (1) Plaintiff’s motion for clarification is GRANTED; 4 (2) 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. 7 (3) The Clerk shall send a copy of this Order to plaintiff and to counsel for 8 defendants. 9 DATED this 30th day of March, 2017. 10 A 11 BRIAN A. TSUCHIDA United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 ORDER - 2

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