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Civil Rights: Other | California Southern
Order on Motion for Extension of Time re Transcript
Minute Order by Judge Jinsook Ohta: On February 19, 2025, Plaintiffs filed a complaint alleging property damage, disability discrimination, and equal protection claims. Dkt. 1. Seventeen months passed without further action. On August 12, 2026, the Court issued an order to show cause as to why the suit should not be dismissed for failure to prosecute. Dkt. 4. On August 28, 2026, Plaintiffs filed their response to the order explaining compelling personal circumstances that accounted for this delay. Dkt. 5. On August 31, 2026, Plaintiffs filed an amended complaint, which they have since served upon Defendants. Dkt. 7. Accordingly, the Court VACATES the order to show cause for failure to prosecute [Dkt. 5]. See In re Eisen, 31 F.3d 1447, 1451 (9th Cir. 1994) (In determining whether to dismiss a case for lack of prosecution, the court weighs five factors: "(1) the public's interest in expeditious resolution of litigation; (2) the courts need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring the disposition of cases on their merits; and (5) the availability of less drastic sanctions."); Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) ("Dismissal is a harsh penalty and is to be imposed only in extreme circumstances."). Signed by Judge Jinsook Ohta on 9/21/2026. (ta)
Order on Motion for Extension of Time to Answer
Minute Order by Judge Jinsook Ohta: The Court GRANTS the parties' joint motion for an extension of time to respond [Dkts. 13, 15]. Defendants Austal USA LLC and San Diego Unified Port District shall respond by October 23, 2026. Signed by Judge Jinsook Ohta on 9/21/2026. (ta)
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