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Deidra A. Lintz v. John E. Potter

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


August 10, 2012

DEIDRA A. LINTZ, PLAINTIFF,
v.
JOHN E. POTTER, POSTMASTER GENERAL, U.S. POSTAL SERVICE, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On July 23, 2012, the undersigned filed proposed findings and recommendations in this case resolving defendant's motion for summary judgment.*fn1 On August 6, 2012, the last day that plaintiff could file objections to the proposed findings and recommendations, plaintiff filed an ex parte request for a 15-day extension to object to the proposed findings and recommendations, citing her attendance at a religious course in Stockton, California, which ran from July 23, 2012, through August 3, 2012, from 9:00 a.m. to 4:00 p.m. By rule, plaintiff should have sought her extension sooner than the day that her objections were due. See Local Rule 144(d) (providing that extensions of time shall be requested "as soon as the need for an extension becomes apparent," and that "[r]equests for Court-approved extensions brought on the required filing date for the pleading or other document are looked upon with disfavor"). In any event, the court grants plaintiff's ex parte request in an abundance of caution, and grants plaintiff a 15-day extension from the date she filed her ex parte request in which to object to the court's proposed findings and recommendations.

Accordingly, IT IS HEREBY ORDERED that plaintiff shall file any objections to the proposed findings and recommendations no later than August 21, 2012.

IT IS SO ORDERED.


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