Summary
This document is a United States District Court order granting a joint stipulation to extend the deadline for the plaintiff’s response to the federal defendant’s motion to dismiss and alternative motion for partial summary judgment. Citing Federal Rule of Civil Procedure 6(b)(1) and applicable local rules, the court finds good cause due to counsel’s travel and the upcoming holiday season. The extension grants the plaintiff until January 20, 2025, to file her responses.
Topics
Practice areas
Questions Presented
- Whether the district court may, under Fed. R. Civ. P. 6(b)(1) and local rules, grant a stipulated extension of time for the plaintiff's response to the motions.
Holdings
- The court granted the stipulated extension, allowing the plaintiff to file responses to the motions by January 20, 2025.
Key quotations
“[FRCP] 6(b)(1) governs extensions of time and allows, in relevant part, that “when an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires.”” (at 2)
Factual background
Hannah Hale Hoekstra sued Pershing County Sheriff's Office and related defendants. Federal Defendant Ranger Paul Zohovetz filed a Motion to Dismiss and, alternatively, a Motion for Partial Summary Judgment. Plaintiff was unable to meet the response deadlines because counsel was abroad and the holidays intervened, prompting a request for an extension of time.
Procedural history
Plaintiff filed a complaint on August 31, 2024. The parties previously stipulated to extend the Federal Defendant's response deadline to December 19, 2024. Defendant Zohovetz filed a Motion to Dismiss and, in the alternative, a Motion for Partial Summary Judgment on December 16, 2024, setting response deadlines of December 30, 2024 and January 6, 2025. Plaintiff sought a further extension, which the court granted by stipulation.