Opinion
1:18-cv-00551-AWI-BAM (PC)
08-04-2021
DONNY STEWARD, Plaintiff, v. IGBINOSA, et al., Defendants.
ORDER GRANTING DEFENDANTS' MOTION FOR 30-DAY EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING
(ECF No. 40)
RESPONSIVE PLEADING DUE ON OR BEFORE SEPTEMBER 7, 2021
Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE
Plaintiff Donny Steward (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff's first amended complaint against Defendants Igbinosa, Faria, Nelson, Lewis, Brightwell, Cerda, and Hill for violations of the Eighth Amendment.
On July 7, 2021, Defendants Igbinosa, Faria, Lewis, Brightwell, Cerda, and Hill submitted waivers of service of summons. (ECF No. 36.) Defendants Igbinosa, Faria, Lewis, Brightwell, Cerda, and Hill's (collectively, “Defendants”) responsive pleadings are therefore due on or before August 9, 2021.
Summons were returned unexecuted as to Defendant Nelson on July 8, 2021, (ECF No. 37), and Plaintiff was ordered to show cause why Defendant Nelson should not be dismissed from this action for failure to provide sufficient information to effectuate service, (ECF No. 38). Plaintiff's response is due on or before August 16, 2021. (ECF No. 38.)
The original deadline for the filing of responsive pleadings was Sunday, August 7, 2021. (See ECF Nos. 32, 34.) As this deadline falls on a weekend, the deadline falls on the next day that is not a weekend or a holiday, or Monday, August 9, 2021. Fed.R.Civ.P. 6(a)(C).
Currently before the Court is Defendants' motion for a thirty-day extension of time to file a responsive pleading, filed August 4, 2021. (ECF No. 40.) Although Plaintiff has not had an opportunity to respond to Defendants' motion, the Court finds a response unnecessary. Local Rule 230(1).
A declaration of counsel filed in support of the request states that additional time is needed to investigate the case before filing the responsive pleading. (ECF No. 40.) Although counsel's office requested copies of Plaintiff's relevant medical records on June 21, 2021, the office gained access on July 30, 2021, and there are approximately 3, 656 pages of medical records to review. Due to the voluminous number of records that must be reviewed, counsel cannot complete the investigation and file a responsive pleading on behalf of Defendants before the current deadline. Defendants therefore request a thirty-day extension of time, until September 5, 2021, for Defendants to respond to Plaintiff's amended complaint. (Id.)
Having considered the request, the Court finds good cause to modify the briefing schedule in this matter. Fed.R.Civ.P. 6(b). The Court further finds that Plaintiff will not be prejudiced by the brief extension of time requested here. Finally, as September 5, 2021 falls on a Sunday and September 6, 2021 is a holiday, the Court finds it appropriate to extend the deadline to September 7, 2021.
Accordingly, Defendants' motion for an extension of time to file a responsive pleading, (ECF No. 40), is HEREBY GRANTED. Defendants Igbinosa, Faria, Lewis, Brightwell, Cerda, and Hill shall file a responsive pleading on or before September 7, 2021.
IT IS SO ORDERED.