(PC) Hash v. Faggianelli ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAWRENCE GEORGE HASH, No. 2:17-cv-1721 TLN AC P 12 Plaintiff, 13 v. ORDER 14 T. RALLOS, et al., 15 Defendants. 16 17 Plaintiff has filed a motion for a thirty-day extension of time to serve written discovery 18 requests on defendants. ECF No. 74. The current deadline for serving written discovery expired 19 on September 12, 2022. Under Federal Rule of Civil Procedure 6(b), when a motion to extend 20 time is made after the time has expired,1 the party must show excusable neglect. Although 21 plaintiff does not expressly address the issue, his motion sufficiently establishes excusable neglect 22 for the delay in filing. Good cause appearing, the motion will therefore be granted. The deadline 23 for motions to compel will also be extended accordingly. Plaintiff is cautioned that in the future, 24 if he files a motion for an extension of time after the deadline he seeks to extend has already 25 passed, he must explain why he failed to file the motion before the deadline expired. 26 1 Based on plaintiff’s certificate of service, the motion was constructively filed on September 15, 27 2022. See Houston v. Lack, 487 U.S. 266, 276 (1988) (establishing rule that a prisoner’s court document is deemed filed on the date the prisoner delivered the document to prison officials for 28 mailing). ] Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiffs motion for an extension of time (ECF No. 74) is GRANTED; 3 2. Plaintiff shall have an additional thirty days, up to October 12, 2022, to serve requests 4 | for discovery pursuant to Federal Rules of Civil Procedure 31 (deposition by written question), 33 5 || (interrogatories), 34 (production of documents), or 36 (admissions); and 6 3. Plaintiff shall have until December 12, 2022, to file any motions necessary to compel 7 || discovery. 8 | DATED: September 28, 2022 ~ 9 Lhar—e_ ALLISON CLAIRE 10 UNITED STATES MAGISTRATE JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28