(PS) Houhoulas v. CalTrans HR ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN HOUHOULAS, No. 2:22-cv-0413 TLN DB PS 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF TRANSPORTATION HUMAN 15 RESOURCES, et al., 16 Defendants. 17 18 Plaintiff John Houhoulas is proceeding in this action pro se. This matter was referred to 19 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Plaintiff 20 commenced this action on March 4, 2022, by filing a complaint and paying the required filing fee. 21 (ECF No. 1.) On June 21, 2022, defendants California State Personnel Board and Jennifer Maly 22 filed an ex parte application for an order extending the time to respond to plaintiff’s complaint to 23 July 22, 2022. (ECF No. 5.) 24 Therein, defendants state that they believe the complaint was served on June 2 or June 4, 25 2022. (Id. at 3.) The time for responding to the complaint has not yet passed. (Id. at 4.) 26 Defendants, however, are seeking additional time to evaluate the complaint’s 16 claims. (Id. at 27 3.) Defendants contacted plaintiff to request a stipulation but plaintiff indicated an unwillingness 28 to agree to a stipulation. (Id.) 1 Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure provides that the court may grant 2 | an extension of time for “good cause” if the request is made “before the original time” to act has 3 | expired. The decision to grant or deny such a request is within the court’s discretion. See 4 | Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir. 2012). Here, the undersigned 5 | finds that defendants’ motion establishes good cause to grant the request. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Defendants’ June 21, 2022 ex parte application (ECF No. 5) is granted; and 8 2. Defendants shall file a response to plaintiff's complaint on or before July 22, 2022. 9 | Dated: June 23, 2022 10 11 D -BORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 | DLB:6 8 DB/orders/orders.pro se/houhoulas0413.eot.ord