When my case was in the district court the magistrate and district court judges gave the state's attorney extra time to file which he did not ask for and allowed him to file a time barred supplemental motion for judgment on the pleadings over my objection and in violation of the Federal Rules of Civil Procedure.
Now that my case is on appeal the state's attorney failed to file his answering brief on time in violation of an ORDER setting the briefing schedule, a briefing schedule which he agreed to. Instead, he filed a time-barred motion for an extension of time which I have objected to. I have also asked for sanctions, which I would have been subject to had I failed to file my opening brief on time.
Time will tell whether or not the rules apply to both sides.
Update by Charles Nichols, President of California Right To Carry – December 20, 2016 – I filed my Appellant’s Opposition To Appellees’ Motion For Extension Of Time To File Brief And Request For Frap 31-2.3 Sanctions.
A party to a lawsuit who misses a deadline does so at his own peril. Governor Brown and Attorney General Harris (the Appellees) were required to file their motion at least seven days in advance of the due date for filing their answering brief. Instead, they filed their motion for an extension of time on a Friday afternoon knowing their answering brief was due the following Monday. Moreover, the Appellees had already agreed to a schedule which the court signed off on via an ORDER.
I filed an opposition to their motion asking for an extension of time and I asked the Court to impose sanctions on Governor Brown, Attorney General Harris and their attorney for failing to file their answering brief on time. You can read my opposition and request for sanctions by clicking on the link.
Appellant’s Opposition To Appellees’ Motion For Extension Of Time To File Brief And Request For Frap 31-2.3 Sanctions