Gutierrez

(PC) Clark v. Gutierrez

Good Law
United States District Court, Eastern District of CaliforniaApril 11, 20231:21-cv-01386California1,986 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHRISTOPHER CHARLES CLARK, Case No. 1:21-cv-01386-JLT-EPG (PC)

Plaintiff, ORDER DIRECTING DEFENDANT TO

FILE ANSWER WITHIN SEVEN DAYS

v. (ECF No. 32) FIDEL GUTIERREZ, et al.,

ORDER OPENING DISCOVERY ONLY

Defendants. ON THE ISSUE OF EXHAUSTION OF

AVAILABLE ADMINISTRATIVE

REMEDIES

15 On March 13, 2023, the Court granted in part Defendants’ second motion for an extension of the responsive pleading deadline, giving Defendants until April 10, 2023, to file their responsive pleading. (ECF No. 32). The Court warned Defendants that no further extensions of this deadline would be granted. (Id. at 2). On April 10, 2023, Defendants filed a motion for summary judgment (ECF No. 33), but they did not file a responsive pleading. While serving a motion pursuant to Federal Rule of Civil Procedure 12(b) can extend the deadline for filing for a responsive pleading, Fed. R. Civ. P. 12(a)(4)(A), filing a motion for 23 …

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