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Ware v. McDonald

United States District Court, Ninth Circuit, California, E.D. California
Dec 27, 2013
2:12-cv-1505 TLN KJN P (E.D. Cal. Dec. 27, 2013)

Opinion


MARTIN WARE, Plaintiff, v. M. McDONALD, et al., Defendants. No. 2:12-cv-1505 TLN KJN P United States District Court, E.D. California. December 27, 2013

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Defendants have filed a motion for extension of time to respond to plaintiff's third amended complaint. Good cause appearing, defendants' motion is granted.

         On December 13, 2013, plaintiff filed a motion for reconsideration, asking the court to grant his November 22, 2013 motion for reconsideration, and inquiring as to the status of his notice of submission of documents for service of process on defendants. However, on December 3, 2013, plaintiff's November 22, 2013 motion for reconsideration was denied as untimely. The court received plaintiff's documents for service of process, and on October 17, 2013, the U.S. Marshal was ordered to serve defendants. Although the U.S. Marshal has not yet filed a return of service, it appears from defendants' December 20, 2013 filing that all defendants have either been served or waived service of process. Therefore, plaintiff's December 13, 2013 motion is moot and is denied.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Defendants' motion for an extension of time (ECF No. 55) is granted;

         2. Defendants shall respond to plaintiff's third amended complaint on or before January 10, 2014; and

         3. Plaintiff's motion (ECF No. 54) is denied.


Summaries of

Ware v. McDonald

United States District Court, Ninth Circuit, California, E.D. California
Dec 27, 2013
2:12-cv-1505 TLN KJN P (E.D. Cal. Dec. 27, 2013)
Case details for

Ware v. McDonald

Case Details

Full title:MARTIN WARE, Plaintiff, v. M. McDONALD, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 27, 2013

Citations

2:12-cv-1505 TLN KJN P (E.D. Cal. Dec. 27, 2013)