Opinion
2:22-cv-0528-KJM-CKD (PS)
02-21-2023
CYRUS SANAI, Plaintiff, v. DARREN COBRAE, Defendant.
ORDER
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE
Plaintiff requests a further extension of time up to and including March 23, 2023, to file objections to the findings and recommendations filed on December 8, 2022. Previously, plaintiff requested and was granted two extensions of time totaling 63 days for the purpose of filing objections to the findings and recommendations. (See ECF Nos. 31-34.)
Having reviewed the current application (ECF No. 35), the undersigned does not find good cause to grant a further extension of time. Plaintiff seeks extra time to obtain additional facts about defendant's “whereabouts and domicile” to challenge the undersigned's recommendation that this case be dismissed (see ECF No. 30) for lack of subject matter jurisdiction. Plaintiff represents, though, that plaintiff has already obtained evidence demonstrating defendant changed domicile to Hawaii prior to the date on which plaintiff filed this lawsuit, and thus that diversity jurisdiction is present. (ECF No. 35 at 4.) Plaintiff's continued requests for further extensions of time, are, in effect, requests for time to conduct discovery, which the undersigned denied by orders dated November 7, 2022, and December 8, 2022. See Am. W. Airlines, Inc. v. GPA Grp., Ltd., 877 F.2d 793, 801 (9th Cir. 1989) (district court did not abuse its discretion in deciding the jurisdictional issue without allowing additional time for outstanding discovery where questions relating to jurisdiction were answered in affidavits).
For the foregoing reasons, IT IS HEREBY ORDERED that plaintiff's ex parte request for an extension of time (ECF No. 35) is DENIED.