Opinion
No. C07-04174 HRL.
January 29, 2009
ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME [Re: Docket No. 55]
On December 18, 2008, this court granted the motion to dismiss filed by the sole remaining defendant, the County of Monterey ("County"), with leave to amend. The order directed plaintiff to file her amended complaint as to the County by January 19, 2009, and further, stated that "[i]f Sanchez has not filed it by that date, or secured an extension of time based on good cause, the court will dismiss as to Monterey without further notice." (Docket #52, December 18, 2008 Order at 11:24-25). On the day her amended pleading was due, Sanchez did not file an amended complaint. Instead, she filed a request seeking an unspecified additional period of time to do so. She asserted that she could not file her amended pleading by the court-ordered deadline because of an alleged "medical condition" and because she did not "obtain legal advice in time." (See Docket #55). The County opposes Sanchez's request for an extension.
Sanchez has not established good cause for an extension of time. As detailed in prior orders of this court, plaintiff has, throughout this litigation, consistently failed to (a) timely file papers with the court, (b) meet court-ordered deadlines, and (c) make scheduled court appearances. The fact that Sanchez is representing herself does not absolve her of the responsibility to diligently prosecute her case and to adhere to rules that all litigants are required to follow. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (finding that pro per litigants must follow the same procedural rules as represented parties). In any event, the court notes that plaintiff previously has filed several amended complaints in this action on her own and never until now suggested the need or desire to "obtain legal advice." Further, Sanchez's vague and unsupported assertions as to an alleged "medical condition" are insufficient to establish good cause for an extension.
Nevertheless, this court will exercise its discretion to permit Sanchez some additional time to file her amended pleading as to the County of Monterey. Accordingly, Sanchez's amended complaint as to the County shall be filed no later than February 17, 2009. No further requests for an extension of this deadline will be entertained unless plaintiff submits a declaration under penalty of perjury from a physician licensed to practice in California that her "medical condition" has, in fact, prevented her continuously since January 19, 2009 from drafting and filing an amended pleading and stating the reason for her inability as well as the date when she will be able.
SO ORDERED.