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Davenport v. Board of Trustees of the State Center Community College Dist.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 17, 2009

DAVID PAUL DAVENPORT, PLAINTIFF,
v.
BOARD OF TRUSTEES OF THE STATE CENTER COMMUNITY COLLEGE DISTRICT, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER GRANTING PLAINTIFFS' REQUEST FOR EXTENSION OF TIME IN WHICH TO ANSWER DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Before the court for decision is Plaintiff's ex parte request for an extension of time within which to answer Defendant's motion for summary judgment. Doc. 84. Plaintiff, whose opposition would have been due Monday, July 20, 2009, requests the extension because of the length of the motion for summary judgment (more than 500 pages, including attachments), and because at least one of Plaintiff's witnesses is not available to prepare an affidavit in support of Plaintiff's opposition until August 1, 2009. See Davenport Decl., Doc. 85. Plaintiff sought to obtain the stipulation of opposing counsel, but was informed that both defense counsel, Mr. Maddox, and his associate, Ms. Work, will be out of town until Monday July 20, 2009.

Good cause having been shown, Plaintiff's ex parte request for an extension is GRANTED. Plaintiff shall file any opposition on or before August 3, 2009. Defendant shall reply on or before August 10, 2009. The hearing on Plaintiff's motion for summary judgment is CONTINUED to August 17, 2009, at 10:00 a.m. in Courtroom 3.

SO ORDERED

20090717

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