Opinion
No. C-08-0249 MMC.
July 7, 2008
ORDER GRANTING PLAINTIFF'S MOTION FOR CONTINUANCE; CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS
Before the Court is plaintiff's Motion for Continuance, filed July 1, 2008, by which plaintiff seeks an enlargement of time to file opposition to defendants' Motion to Dismiss. Defendants have opposed plaintiff's motion.
Although defendants point out certain deficiencies in plaintiff's showing, defendants have failed to demonstrate they would be prejudiced by such extension. See, e.g., Briones v. Riviera Hotel Casino, 116 F.3d 379, 381 (9th Cir. 1997) (holding "excusable neglect" encompasses negligent failure to meet filing deadline; listing prejudice to opposing party as one of factors to be considered).
Accordingly, plaintiff's motion is hereby GRANTED. Plaintiff shall file her opposition to defendants' Motion to Dismiss no later than July 18, 2008; defendants shall file any reply thereto no later than August 1, 2008. The hearing on the matter is continued to August 22, 2008 at 9:00 a.m.