Opinion
2:22-cv-0215 AC P
05-23-2023
DONALD ANGELO VICARI, Plaintiff, v. AMADOR COUNTY, Defendant.
ORDER
ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE.
Plaintiff has filed a motion requesting that the court “postpone consideration of defendant's motion/response.” ECF No. 18. It appears that plaintiff is requesting additional time to respond to defendant's answer to the complaint, which he states he has yet to receive a copy of and became aware of through the discovery and scheduling order. Id.
The Federal Rules of Civil Procedure do not provide for a reply to an answer absent an order from the court. Fed.R.Civ.P. 12(a)(1)(c). The court has not ordered a reply to the answer and plaintiff has not identified any grounds warranting a reply. The request for an extension of time to reply to the answer will therefore be denied. Since it appears that plaintiff has not yet received a copy of defendant's answer, defendant will be directed to re-serve plaintiff with its answer.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's request for an extension of time to reply to defendant's answer (ECF No. 18) is DENIED; and
2. Within seven days of the filing of this order, defendant shall re-serve plaintiff with a copy of its answer, if it has not done so already.