Buckley v. Scribner, et al

Filing 113

ORDER GRANTING IN PART AND DENYING IN PART Defendants' 112 Motion to Modify Scheduling Order Pending Settlement; Dispositional Documents Upon Settlement Due by not Later than October 11,2013 signed by Magistrate Judge Michael J. Seng on 9/12/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO CORTEZ BUCKLEY,
Plaintiff,

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v.

Case No. 1:04-cv-05622-LJO-MJS (PC)
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION TO MODIFY SCHEDULING
ORDER PENDING SETTLEMENT

A. K. SCRIBNER, et al.,
(ECF No. 112)

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Defendants.
DISPOSITIONAL DOCUMENTS UPON
SETTLEMENT DUE BY NOT LATER
THAN OCTOBER 11, 2013

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Plaintiff Antonio Cortez Buckley, a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on April 26, 2004 pursuant to 42 U.S.C. § 1983. This

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action proceeds on claims that Defendants Dotson, Parangan, Jarralimillio, Peck, Lerman,

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and Ocegura violated Plaintiff’s First Amendment right to free exercise of religion. (ECF

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Nos. 29, 48, 51.) The pretrial conference is set for October 11, 2013 at 9:30 a.m. in

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Courtroom 6 before the undersigned. (ECF No. 106.) Trial is set for December 10, 2013 at

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8:30 a.m. in Courtroom 4 before United States District Judge Lawrence J. O'Neill. (Id.)

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On July 30, 2013, Defendants filed notice that the parties had settled this matter on

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July 26, 2013 and that dispositional documents, including joint voluntary dismissal, were to

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be filed. (ECF No. 111.) Before the Court is Defendants’ September 10, 2013 motion,

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unopposed by Plaintiff, to modify the scheduling order to vacate or stay pretrial deadlines

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pending settlement. (ECF No. 112.)
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Good cause having been presented to the Court and GOOD CAUSE APPEARING

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THEREFOR, IT IS HEREBY ORDERED that Defendants’ motion (ECF No. 112) is granted

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in part and denied in part, such that:

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1.

The Second Scheduling Order (ECF No. 106) is stayed;

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2.

The October 11, 2013 pretrial conference date is vacated;

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3.

The parties shall file joint documents disposing of this matter upon settlement
by not later than October 11, 2013; and

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4.

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The December 10, 2013 trial shall remain on calendar subject to being
vacated upon the parties’ compliance with the foregoing.

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IT IS SO ORDERED.

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Dated:

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September 12, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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