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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS HENDON,

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Plaintiff,

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v.

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1:05-cv-01247-AWI-GSA-PC
ORDER FOR PLAINTIFF AND DEFENDANT
HOPPE TO FILE STATUS REPORTS WITHIN
THIRTY DAYS

BAROYA, et al.,

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Defendants.
______________________________/

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Plaintiff Carlos Hendon (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on November

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30, 2005. (Doc. 1.) This action now proceeds on Plaintiff's Second Amended Complaint filed on June

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26, 2008, against defendants Baroya, Pham, Nguyet, Hoppe, Griffin, and Reidman for subjecting him

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to cruel and unusual punishment in violation of the Eighth Amendment. (Doc. 18.) On September 30,

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2009, the Court issued a scheduling order establishing pre-trial deadlines in this action for Plaintiff and

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the five defendants who had appeared in this action, defendants Baroya, Pham, Nguyet, Griffin, and

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Reidman. (Doc. 36.) At that time, defendant Hoppe had not been successfully served or appeared in

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this action. The pre-trial deadlines from the Court's scheduling order have expired.

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On September 10, 2010, the Court issued an order directing the United States Marshal to make

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another attempt to effect service upon defendant Hoppe. (Doc. 51.) Service was successful, and on

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December 3, 2010, defendant Hoppe appeared in this action by filing a joinder to Defendants' motion
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to declare Plaintiff a vexatious litigant. (Docs. 66, 69.) On July 8, 2011, the Court resolved Defendants'

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motion, and on August 1, 2011, defendant Hoppe answered the Second Amended Complaint. (Docs.

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70, 81.)

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Service is now completed, and all of the defendants have appeared in this action. All of the

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defendants, except defendant Hoppe, have completed discovery. At this stage of the proceedings, the

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Court is prepared to issue an order commencing discovery between Plaintiff and defendant Hoppe. To

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assist with the schedule in this action, Plaintiff and defendant Hoppe shall each be required to file a

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status report in response to this order, notifying the Court of their need for discovery before trial. The

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parties are entitled to discovery. Fed. R. Civ. P. 26. However, in the event that the parties are amenable

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to a shortened time for discovery, the Court shall consider the parties' needs in determining the schedule

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for this action before trial.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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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

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2.

Failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.

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Dated:
6i0kij

August 4, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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