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Robert Glen Mistriel v. Kern County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 2, 2011

ROBERT GLEN MISTRIEL,
PLAINTIFF,
v.
KERN COUNTY, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE AN OPPOSITION BRIEF (Docket No. 63)

On September 20, 2011, Defendant Catholic Charities of the Diocese of Fresno ("Catholic Charities") filed a motion to dismiss the claims against it alleged in Plaintiff's Third Amended Complaint. (Doc. 63.) On October 20, 2011, Plaintiff filed a motion requesting a 45-day extension of time to file a brief in opposition to Catholic Charities' motion to dismiss. (Doc. 64.)

On July 19, 2011, the Court issued a Second Information Order informing all the parties that any opposition to a motion must be filed in compliance with Local Rule 230(l) and thus must be filed not more than 21 days after the date of service of the motion. (Doc. 54, ¶ 2; see also Local Rule 230(l).) While Plaintiff's request for additional time to file an opposition is untimely as it was filed after the time had passed to file a brief in opposition to the pending motion to dismiss, the Court will permit Plaintiff an extension of time to file a brief in opposition. Plaintiff is informed that extension requests filed out of time will not be viewed with favor in the future.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request for an extension of time to file a brief in opposition to Defendant Catholic Charities of the Diocese of Fresno's motion to dismiss is GRANTED nunc pro tunc; and

2. Plaintiff's opposition shall be filed on or before December 5, 2011.

IT IS SO ORDERED.

20111102

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