Carpenter v. Sullivan, et al.

Filing 121

ORDER Granting Defendant's Motion To Extend Deadlines For Discovery And Dispositive Motions (Doc. 96 ), ORDER Denying As Moot Plaintiff's Motion To Extend Discovery (Doc. 99 ), ORDER Extending Application Of Discovery And Scheduling Order To Defendant Martinez, signed by Magistrate Judge Gerald B. Cohn on 5/2/2011. (Unenumerated Deadline: 6/2/2011, Discovery due by 7/15/2011, Dispositive Motions filed by 10/12/2011) (Fahrney, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

WILLIE LEE CARPENTER,

10
11
12

CASE NO. 1:07-cv-00114-AWI-GBC PC

Plaintiff,

ORDER GRANTING DEFENDANT’S MOTION
TO EXTEND DEADLINES FOR DISCOVERY
AND DISPOSITIVE MOTIONS
(Doc. 96)

v.
W. J. SULLIVAN, et al.,

13

ORDER DENYING AS MOOT PLAINTIFF’S
MOTION TO EXTEND DISCOVERY
(Doc. 99)

Defendants.

14
ORDER EXTENDING APPLICATION OF
DISCOVERY AND SCHEDULING ORDER
TO DEFENDANT MARTINEZ

15
16
17
18

/

Unenumerated 12(b) Deadline - 06/02/2011
Discovery Cut-Off Date - 07/15/2011
Dispositive Motion Deadline - 10/12/2011

19
Plaintiff Willie Lee Carpenter, a state prisoner proceeding pro se and in forma pauperis,
20
filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 22, 2007. This action is
21
proceeding on Plaintiff’s first amended complaint, filed September 17, 2008, against Defendants
22

Pfeil, Gonzales, Barajas, Ortiz, Litton, Salazar, and Martinez.1

23
On January 7, 2011, Defendants filed a motion to vacate deadlines to complete discovery
24
and file dispositive motions which the Court will construe as a motion for extension. (Doc. 96).
25
On January 24, 2011, Plaintiff motioned for an additional thirty day extension of time to
26
complete discovery. The original deadline for the completion of discovery was January 17, 2011,
27
28

1

Defendants Sullivan, Evans and Carrasco were dismissed March 28, 2011. (Doc. 110).

1

1

which was also the deadline to motion for extensions regarding discovery. (Doc. 73). Since

2

good cause has been shown, the Court grants Defendant’s motion to extend time for discovery

3

and will also extend the deadline to file dispositive motions (Doc. 96) and Defendant’s motion

4

for extension (Doc. 99) is denied as moot.

5

On April 25, 2011, Defendant Martinez filed an answer to Plaintiff’s amended complaint.

6

Accordingly, application of the discovery and scheduling order filed May 17, 2010, is HEREBY

7

EXTENDED to Defendant Martinez, and the order is amended to extend the deadlines as

8

follows:

9

1. The parties are advised that the deadline for the completion of all discovery, including

10

filing motions to compel, shall be 07/15/2011;

11

2. The deadline for filing an unenumerated Rule 12(b) motion is extended to 6/2/2011;

12

3. The deadline for filing pre-trial dispositive motions shall be 10/12/2011;

13

4. A request for an extension of a deadline set in this order must be filed on or

14

before the expiration of the deadline in question; and

15

5. Extensions of time will only be granted on a showing of good cause.

16
17

IT IS SO ORDERED.

18
19

Dated:
0jh02o

May 2, 2011
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
2