Moose Run, LLC v. Libric

Opinion

1 2 3 6 7 MOOSE RUN, LLC, Case No. 19-cv-01879-MMC

8 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S 9 v. APPLICATION RE: RESPONSE TO COMPLAINT; SETTING DEADLINE 10 RENATO LIBRIC, TO AMEND; SETTING BRIEFING SCHEDULE AS TO PLAINTIFF'S 11 Defendant. MOTION FOR SUMMARY JUDGMENT

12 13 Before the Court is defendant Renato Libric's "Application for a Further Extension 14 of Time to Reply to Complaint; or for Leave to Amend the Basic Reply Attached with 15 Better Particulars," received October 3, 2019, by the Clerk of Court, and deemed filed 16 September 19, 2019,1 the day before a response to the complaint was due. (See Order, 17 filed August 6, 2019 (setting deadline for response).) The "attached" document 18 referenced therein is defendant's "Reply to Plaintiff's Complaint," which incorporates 19 defendant's answer to the complaint and a counterclaim. In his Application, defendant 20 states he intends to file a "more particularized reply," and seeks either an order extending 21 to November 20, 2019, the deadline to respond to the complaint, or, alternatively, an 22 order allowing him to amend, no later than November 20, 2019, the response attached to 23 his Application. 24 Having read and considered the Application, the Court finds defendant's Reply to 25 1As defendant is incarcerated and proceeds pro se, the Application is deemed filed 26 on the date it was given to prison officials for mailing, which, in this instance, was September 19, 2019. See Houston v. Lack, 487 U.S. 266, 274-76 (1988) (holding pro se 27 prisoner's legal document is deemed filed on date such prisoner presents it to prison 1 Plaintiff's Complaint constitutes a sufficient response to the complaint, and deems said 2 filing the operative answer and counterclaim. 3 Accordingly, to the extent defendant seeks an extension of time to respond to the 4 complaint, the Application is hereby DENIED as moot. To the extent defendant seeks 5 leave to amend his response to the complaint, however, the Application is GRANTED, 6 and the Court hereby SETS November 20, 2019, as the deadline for defendant to file his 7 amended answer and counterclaim. 8 Further, in light of defendant's stated intent to amend his response to the 9 complaint, plaintiff need not, at this time, file a response to the counterclaim contained in 10 the above-referenced Reply to Plaintiff's Complaint. 11 Lastly, as plaintiff previously indicated its intent to file a motion for summary g 12 || adjudication based on the judgment in United States v. Libric, CR 18-196 MMC, and as s 13 || said motion would present issues not requiring development of a further factual record, 14 the Court finds it appropriate to set at this time a briefing schedule on such prospective 2 15 || motion, as follows: a 16 1. No later than December 13, 2019, plaintiff shall file with the Clerk and serve on g 17 || defendant its motion for summary judgment. S 18 2. No later than January 17, 2020, defendant shall file with the Clerk and serve on 19 plaintiff his response to plaintiff's motion. 20 3. No later than February 7, 2020, plaintiff shall file with the Clerk and serve on 21 defendant any reply. 22 4. As of February 7, 2020, the Court will take the matter under submission. 24 25 Dated: October 16, 2019 {abl □□□□□ AKINE M. CHESNEY 26 United States District Judge 27 28