Cale v. United States of America

Filing 19

ORDER denying Defendant's 5 Motion to Dismiss; denying Plaintiff's 15 Motion for Extension of Time pending a clarification of Plaintiff's request, the creation of a case schedule and pretrial deadlines, or both. Authorized signed by Judge Marsha J. Pechman. (PM) cc: plaintiff via first class mail

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 EDWARD CALE, Plaintiff, 11 MINUTE ORDER v. 12 13 CASE NO. C17-1099 MJP UNITED STATES OF AMERICA, Defendant. 14 15 16 17 The following minute order is made by the direction of the court, the Honorable Marsha J. Pechman, United States District Judge: 18 This minute order addresses two pending motions: 19 1. Defendant’s Motion to Dismiss (Dkt. No. 5): In Defendant’s Reply to Its Motion to 20 Dismiss (Dkt. No. 18), Defendant indicates its belief that, in light of an amended 21 complaint filed by Plaintiff (Dkt. No. 14), its motion to dismiss is now moot. 22 Defendant stipulates to the denial of its pending motion and indicates a new motion to 23 24 MINUTE ORDER - 1 1 dismiss the amended complaint will be forthcoming. Accordingly, the Court 2 DENIES Defendant’s motion to dismiss. 3 2. Plaintiff’s “Motion to Proceed with Case and Extend Deadlines” (Dkt. No. 15): In 4 this motion, Plaintiff moves “for an extension of filing documents and evidence.” (Id. 5 at 1.) It is entirely unclear what documents and evidence are being referenced, or the 6 Federal Rule of Civil Procedure under which Plaintiff is requesting the extension. As 7 the parties are yet to file a Joint Status Report (which is due on October 18), there is 8 no case schedule currently in place and thus no deadlines to extend. The motion will 9 be DENIED pending a clarification of Plaintiff’s request, the creation of a case 10 schedule and pretrial deadlines, or both. 11 The clerk is ordered to provide copies of this order to Plaintiff and all counsel. 12 Filed: October 3, 2017. 13 William M. McCool Clerk of Court 14 s/Paula McNabb Deputy Clerk 15 16 17 18 19 20 21 22 23 24 MINUTE ORDER - 2

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