UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 31, 2008
ISHMAEL DELANEY, PLAINTIFF,
JAMES E. TILTON, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING MOTION TO EXTEND TIME TO FILE OPPOSITION (Doc. 47) ORDER CONTINUING MOTION DATE
Motion To Quash: September 5, 2008 at 9:00AM, in Courtroom 9, before Magistrate Judge Dennis L. Beck
Plaintiff Ishmael Delaney is a prisoner proceeding in this civil rights action pursuant to 42 U.S.C. §1983. This action is proceeding against defendants Tilton, Yates and Ramirez. Defendant Ramirez is separately represented from defendants Tilton and Yates.
A motion to quash is currently scheduled for August 1, 2008 at 9:00 A.M. On July 30, 2008, defendant Angel Ramirez Jr. filed a motion to extend time to file an opposition to the motion to quash. (Doc. 47). Defendant Ramirez further requests that the motion to quash be continued to September 5, 2008.
Counsel for defendant Ramirez states that she was could find no record of being served with the Motion to Quash, and was unaware, prior to July 29, 2008, that a motion to quash had been filed. (Court Doc. 48).
Having reviewed the court record, it appears that on June 18, 2008, counsel for defendants Tilton and Yates inadvertently terminated the designation of counsel for service for defendant Ramirez - perhaps explaining why counsel for defendant Ramirez was unaware of the pending motion to quash. (Court Doc. #37).
Good cause having been presented and good cause appearing therefor, defendant Ramirez's motion to extend time to file an opposition is HEREBY GRANTED.
CDCR's Motion to Quash is HEREBY CONTINUED to September 5, 2008 at 9:00 A.M. Any oppositions thereto must be filed pursuant to the time provided in Local Rule 78-230.
IT IS SO ORDERED.
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