Hendon v. Baroya et al
Filing
83
ORDER for Plaintiff and Defendant Hoppe to File Status Reports Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 8/4/11. (Hellings, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
CARLOS HENDON,
12
Plaintiff,
13
v.
14
1:05-cv-01247-AWI-GSA-PC
ORDER FOR PLAINTIFF AND DEFENDANT
HOPPE TO FILE STATUS REPORTS WITHIN
THIRTY DAYS
BAROYA, et al.,
15
16
Defendants.
______________________________/
17
Plaintiff Carlos Hendon (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
18
action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on November
19
30, 2005. (Doc. 1.) This action now proceeds on Plaintiff's Second Amended Complaint filed on June
20
26, 2008, against defendants Baroya, Pham, Nguyet, Hoppe, Griffin, and Reidman for subjecting him
21
to cruel and unusual punishment in violation of the Eighth Amendment. (Doc. 18.) On September 30,
22
2009, the Court issued a scheduling order establishing pre-trial deadlines in this action for Plaintiff and
23
the five defendants who had appeared in this action, defendants Baroya, Pham, Nguyet, Griffin, and
24
Reidman. (Doc. 36.) At that time, defendant Hoppe had not been successfully served or appeared in
25
this action. The pre-trial deadlines from the Court's scheduling order have expired.
26
On September 10, 2010, the Court issued an order directing the United States Marshal to make
27
another attempt to effect service upon defendant Hoppe. (Doc. 51.) Service was successful, and on
28
December 3, 2010, defendant Hoppe appeared in this action by filing a joinder to Defendants' motion
-1-
1
to declare Plaintiff a vexatious litigant. (Docs. 66, 69.) On July 8, 2011, the Court resolved Defendants'
2
motion, and on August 1, 2011, defendant Hoppe answered the Second Amended Complaint. (Docs.
3
70, 81.)
4
Service is now completed, and all of the defendants have appeared in this action. All of the
5
defendants, except defendant Hoppe, have completed discovery. At this stage of the proceedings, the
6
Court is prepared to issue an order commencing discovery between Plaintiff and defendant Hoppe. To
7
assist with the schedule in this action, Plaintiff and defendant Hoppe shall each be required to file a
8
status report in response to this order, notifying the Court of their need for discovery before trial. The
9
parties are entitled to discovery. Fed. R. Civ. P. 26. However, in the event that the parties are amenable
10
to a shortened time for discovery, the Court shall consider the parties' needs in determining the schedule
11
for this action before trial.
12
Accordingly, IT IS HEREBY ORDERED that:
13
1.
14
Within thirty days from the date of service of this order, Plaintiff and defendant Hoppe
shall each file a status report as instructed by this order; and
15
2.
Failure to comply with this order may result in the imposition of sanctions.
16
17
IT IS SO ORDERED.
18
Dated:
6i0kij
August 4, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?