IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 30, 2012
SHEPARD JOHNSON, PLAINTIFF,
CHESTER MITCHELL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff has filed a motion for extension of time to respond to three motions to dismiss and to serve defendant Parsons with process by publication. The record indicates that there is only one motion to dismiss currently scheduled for hearing on April 19, 2012.*fn1
Defendant Parsons filed a motion to dismiss on March 29, 2012, which has not been noticed for hearing. In that motion, defendant Parsons has waived formal service of process.
Plaintiff's request will cause this two year old action, which has still not progressed beyond the pleading stages, to be delayed even further. While plaintiff should be afforded a reasonable opportunity to litigate his claims, defendants have rights also, including the right not to be engaged in a lawsuit for an interminable length of time. Furthermore, plaintiff must have known of his impending shoulder surgery in advance of its occurrence, and could have planned accordingly.
Accordingly, IT IS HEREBY ORDERED that: Plaintiff's March 27, 2012 motion for an extension of time, (dkt. no.180), is denied.