Is there a need to extend the due date in this case?

MultiRegion, United States of America

The following excerpt is from Fordley v. Lizarraga, No. 2:16-cv-1387-JAM-EFB P (E.D. Cal. 2017):

There are currently no deadlines to continue in this action and therefore no need for an order to continue any due date. Thus, it appears, that plaintiff is actually seeking a stay of the case rather than to extend any particular due date. That too, appears unnecessary at this time. If the conditions complained of interfere with plaintiff's ability to timely comply with future court orders or to prosecute this action, he may request an extension of time as appropriate. It is not necessary at this time to stay all proceedings in this action. See Lockyer v. Mirant Corp., 398 F.3d 1098, 1112 (9th Cir. 2005) (party seeking a stay "must make out a clear case of hardship or inequity" in being required to go forward).

Page 2

Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's motion for a continuance (ECF Nos. 32, 33) be denied.

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