(PS) Sanai v. Cobrae ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYRUS SANAI, No. 2:22-cv-0528-KJM-CKD (PS) 12 Plaintiff, 13 v. ORDER 14 DARREN COBRAE, 15 Defendant. 16 17 18 Plaintiff requests a further extension of time up to and including March 23, 2023, to file 19 objections to the findings and recommendations filed on December 8, 2022. Previously, plaintiff 20 requested and was granted two extensions of time totaling 63 days for the purpose of filing 21 objections to the findings and recommendations. (See ECF Nos. 31-34.) 22 Having reviewed the current application (ECF No. 35), the undersigned does not find 23 good cause to grant a further extension of time. Plaintiff seeks extra time to obtain additional facts 24 about defendant’s “whereabouts and domicile” to challenge the undersigned’s recommendation 25 that this case be dismissed (see ECF No. 30) for lack of subject matter jurisdiction. Plaintiff 26 represents, though, that plaintiff has already obtained evidence demonstrating defendant changed 27 domicile to Hawaii prior to the date on which plaintiff filed this lawsuit, and thus that diversity 28 jurisdiction is present. (ECF No. 35 at 4.) Plaintiff’s continued requests for further extensions of 1 | time, are, in effect, requests for time to conduct discovery, which the undersigned denied by 2 || orders dated November 7, 2022, and December 8, 2022. See Am. W. Airlines, Inc. v. GPA Grp., 3 | Ltd., 877 F.2d 793, 801 (9th Cir. 1989) (district court did not abuse its discretion in deciding the 4 || jurisdictional issue without allowing additional time for outstanding discovery where questions 5 || relating to jurisdiction were answered in affidavits). 6 For the foregoing reasons, IT IS HEREBY ORDERED that plaintiff’s ex parte request for 7 || an extension of time (ECF No. 35) is DENIED. 8 || Dated: February 21, 2023 / a8 } i | / p , {a ce CAROLYNK. DELANEY 10 UNITED STATES MAGISTRATE JUDGE 1] 12 g.sanai22ev528.cot.obj.3 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28