Opinion
No. C 09-01858 SBA (PR).
December 10, 2010
ORDER GRANTING PLAINTIFF A BRIEF EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Plaintiff Navarro has filed a request for an extension of time in which to file his opposition to Defendants' Motion for Summary Judgment.
Plaintiff Navarro's opposition to Defendants' motion for summary judgment is presently overdue. Plaintiff Navarro claims that he is "asking for an extension because we're trying to locate where C/O S. Rodrigues [sic] is. . . ." (Mot. for EOT at 1.)
First, the Court notes that Defendant Rodriguez has already been served in this action. Second, the Court points out that Plaintiff Navarro's action has been related to another action,Lopez v. Vindiola, Case No. C 09-03869 (SBA) (PR). In Plaintiff Lopez's action, Defendants' counsel has recently accepted service on behalf of Defendant Rodriguez. (See Def. S. Rodriguez's Notice of Appearance dated Nov. 15, 2010 in Case No. C 09-03869 (SBA) (PR).) Because Defendants' counsel has already filed a notice of appearance for Defendant Rodriguez in both actions, neither Plaintiff needs to locate Defendant Rodriguez. Therefore, the Court finds that only a brief extension time in which to file his opposition to Defendants' motion should be granted. The time in which Plaintiff Navarro may file his opposition will be extended up to and including December 30, 2010. If Defendants wish to file a reply brief, they shall do so no later than fifteen (15) days after the date Plaintiff Navarro's opposition is filed. No further extensions of time will be granted in this case absent exigent circumstances.
IT IS SO ORDERED.
DATED: 12/9/10