Rhodes v. Robinson, et al

Filing 292

ORDER GRANTING Defendants' Motion to Modify Scheduling Order 291 Dispositive Motion Deadline: August 5, 2013, signed by Magistrate Judge Dennis L. Beck on 6/23/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAVIN M. RHODES,

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Plaintiff,
v.
ROBINSON, et al.,
Defendants.

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1:02cv05018 LJO DLB PC
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY SCHEDULING ORDER
(Document 291)
Dispositive Motion Deadline: August 5, 2013

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Plaintiff Kavin M. Rhodes (“Plaintiff”) is a prisoner proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to the August 9, 2012, Discovery and Scheduling Order, the

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dispositive motion deadline is June 20, 2013.

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On June 12, 2013, Defendants filed a Motion to Modify the Scheduling Order, and request a
45-day extension of the dispositive motion deadline.
“A scheduling order may be modified only for good cause and with the judge’s consent.”

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Fed. R. Civ. P. 16(b)(4). Here, Defendants’ counsel states that he was on FMLA leave for four weeks

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in May 2013 and has numerous upcoming deadlines. Brice Decl. ¶¶ 3-6. Because of these factors,

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counsel does not believe that he can meet the June 20, 2013, deadline. Brice Decl. ¶ 7.

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The Court also notes that Findings and Recommendations are pending regarding dismissal of
certain claims, for which Plaintiff has received an extension of time to file objections.

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For GOOD CAUSE appearing, Defendants’ motion is GRANTED. The dispositive motion

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deadline SHALL be extended to August 5, 2013.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

June 23, 2013

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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L. Beck

3b142a

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