Diaz

(PC) Melendez v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaMarch 16, 20231:20-cv-01393California658 words

Opinion

Trial Court Opinion

BACKGROUND

19 Defendants filed a Motion for Summary Judgment on January 31, 2023. (ECF No. 37). On March 7, 2023, the Court deemed the Motion for Summary Judgment suitable for disposition without the need for appearance or oral argument, given Plaintiffs’ failure to timely file an opposition. (ECF No. 40). In addition, given that the Motion for Summary Judgment was unopposed, the Court vacated the motion hearing that was set for March 8, 2023. (Id.) On March 8, 2023, Plaintiffs filed a Motion for Extension of Time to File an Opposition to the Motion for Summary Judgment. (ECF No. 41). Plaintiffs represented that they inadvertently mis-calendared the motion hearing date for March 8, 2024, which resulted in a mis- calendared for filing of the opposition. (ECF No. 41 p. 4). Plaintiffs filed their proposed Opposition to Motion for Summary Judgment concurrently with the Motion for Extension of Time. (ECF No. 41-3). Defendants filed a response to Plaintiff’s Motion for Extension of Time on March 10, 2023. (ECF No. 41). Defendants represent that they do not oppose Plaintiffs’ request to belatedly file an…

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