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Gilman v. Welch

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 25, 2009

RICHARD M. GILMAN, ET AL., PLAINTIFFS,
v.
BOOKER WELCH, ET AL., DEFENDANTS.

UNOPPOSED REQUEST FOR EXTENSION OF TIME FOR ONE COURT DAY; ORDER

On December 8, 2008, this Court ordered plaintiffs to file a motion for leave to file a fourth amended complaint and a motion for class certification on or before December 12, 2008. While undersigned counsel has diligently attempted to meet this deadline, they have been unable to do so because of delays in obtaining information from inmates who will be substituted for named plaintiffs.

Attempts to contact counsel for defendants to determine their position on this request were unsuccessful. This request is the first request for extension and it is not being interposed to unduly delay the proceedings, to gain unfair advantage, or for any other improper purpose.

Accordingly, plaintiffs respectfully request that the court enter the order lodged herewith granting an extension of one court day, until December 15, 2008, to file the motion for leave to file a fourth amended complaint and motion for class certification. Dated: December 12, 2008

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender MONICA KNOX Assistant Federal Defender Attorneys for Plaintiffs RICHARD M. GILMAN, et al.

ORDER

Pursuant to the request of plaintiffs, and good cause appearing therefor, plaintiffs shall file their motion for leave and for class certification on or before December 15, 2008.

20090225

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