Carpenter v. Sullivan, et al.

Filing 153

ORDER AMENDING DISCOVERY and SCHEDULING ORDER, signed by Magistrate Judge Gerald B. Cohn on 10/27/2011. (Discovery due by 1/5/2012; Dispositive Motions filed by 2/6/2012.) (Marrujo, C)

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 AMENDING DISCOVERY AND
SCHEDULING ORDER

v.
Discovery Cut-Off Date - 01/05/2012
Dispositive Motion Deadline - 02/06/2012

W. J. SULLIVAN, et al.,

13

Defendants.
/

14
15

Plaintiff Willie Lee Carpenter, a state prisoner proceeding pro se and in forma pauperis, filed

16

this civil rights action pursuant to 42 U.S.C. § 1983 on January 22, 2007. This action is proceeding

17

on Plaintiff's first amended complaint (Doc. 17), filed on September 17, 2008, against Defendants

18

A. Pfeil, J. Gonzalez, J. Barajas, Ortiz, A. Salazar, J. Martinez, Litton. (Docs. 21, 34, 44, 60, 65,

19

66). The Court found that Plaintiff’s first amended complaint stated cognizable claims for relief

20

under 42 U.S.C. § 1983 against Defendant Litton, Gonzales, Barajas and Ortiz for excessive force

21

on June 6, 2004, and against Defendants A. Salazar and J. Martinez for failing to protect Plaintiff,

22

in violation of the Eighth Amendment. (Docs. 21, 60, 66).1

23

On May 6, 2011, the Court granted Defendants’ motion to extend the deadline for discovery

24

and dispositive motions, setting the discovery deadline to July 15, 2011, and dispositive motions

25

deadline to October 12, 2011. (Doc. 121). As both parties were anticipating a settlement

26

conference, the Court stayed the case on June 21, 2011, until resolution of the pending settlement

27
28

1

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

1

1

conference. (Doc. 132). On October 17, 2011, the Court lifted the stay since the parties did not

2

settle the case. (Doc. 150). As there are several discovery motions currently pending before the

3

Court, the Court will extend the discovery deadlines as follows:

4

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

5

filing motions to compel, shall be 01/05/2012;

6

2. The deadline for filing pre-trial dispositive motions shall be 02/06/2012;

7

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

8

the expiration of the deadline in question; and

9

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

10
11

IT IS SO ORDERED.

12
13

Dated:
0jh02o

October 27, 2011
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2