United States District Court, E.D. California
ROBERT E. THOMPSON, Plaintiff,
J. HARTLEY, et al., Defendant(s)
Robert E Thompson, Plaintiff, Pro se, Corcoran, CA.
For P. Campbell, D Tercero, Defendants: Michelle M. Mayer, LEAD ATTORNEY, Office of the Attorney General, Sacramento, CA.
ORDER GRANTING DEFENDANT CAMPBELL'S MOTION FOR JOINDER IN SUMMARY JUDGMENT MOTION (ECF No. 37)
Twenty-One Day Deadline For Plaintiff To File Any Supplemental Opposition
ORDER GRANTING DEFENDANTS' MOTION TO EXTEND TIME TO REPLY TO PLAINTIFF'S OPPOSITION TO SUMMARY JUDGMENT MOTION (ECF No. 38)
Seven-Day Deadline For Defendants' To File Joint Reply
Michael J. Seng, UNITED STATES MAGISTRATE JUDGE.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter proceeds on the Second Amended Complaint on an excessive force claim against Defendants Tercero and Campbell. On August 7, 2014, Defendant Tercero filed a motion for summary judgment. Plaintiff filed opposition to the motion on September 19, 2014.
Before the Court are (1) Defendant Campbell's October 14, 2014 motion to join in Defendant Tercero's motion for summary judgment, and (2) Defendants' October 30, 2014 motion to extend the current October 31, 2014 deadline to respond to Plaintiff's opposition to the summary judgment motion.
I. JOINDER MOTION
The Court finds good cause to grant Defendant Campbell's joinder motion provided Plaintiff has an opportunity to supplement his previously filed opposition. The Court has discretion to allow amendment of a motion in the interests of justice where no prejudice to the adverse party is apparent. Fed.R.Civ.P. 7; Hupp v. Switzerland of Ohio Local School Dist., 912 F.Supp.2d 572, 604 (S.D. Ohio 2012) (court has discretion to allow supplemental briefing).
Plaintiff has not opposed the joinder motion. Defendant Campbell was not served with this lawsuit until August 20, 2014, after filing of the summary judgment motion and Plaintiff's opposition to it. Campbell's alleged liability arises from the same incident as Defendant Tercero. The exhaustion issue raised on Defendant Tercero's summary judgment motion equally concerns the claim against Defendant Campbell.
It does not appear that allowing Campbell to join in the summary judgment motion will cause prejudice to Plaintiff. Nevertheless Plaintiff will be allowed to supplement his September 19, 2014 ...