McCoy v. Spidle et al

Filing 98

ORDER signed by District Judge David C. Bury on 2/6/2009. The Court HEREBY ORDERS: (1) Defendant McNamara is DISMISSED from this action without prejudice; (2) Plaintiff's Motion to Compel 87 is DENIED;(3) Defendants' Motion for Extension 97 is GRANTED;(4) The Deadline to for Filing Dispositive Motions is Extended to 2/20/2009;(5) In the Event this Case is not Resolved on a Dispositive Motion, the Court Shall Set Appropriate Case Management Deadlines for the Case to Proceed to Trial. (Arellano, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION DAVON E. MCCOY, Plaintiff, v. R. SPIDLE, et al., Defendants. Plaintiff has answered this Court's directive to show cause why Defendant Case No. 1:07-cv-00198-DCB ORDER

18 McNamara should not be dismissed for failure to be timely served the Complaint and 19 Summons in this case. Plaintiff is unable to provide any further service information to the 20 United States Marshal to effect service on Defendant McNamara. 21

Defendants have answered Plaintiff's Motion to Compel further discover aimed at

22 Defendant's responses to his document requests dated November 12, 2008. Defendants 23 provided all the discovery that was within their possession and have supplemented their 24 responses to provide further discovery that was not within their possession, but was 25 nevertheless obtained and provided to the Plaintiff in an effort to resolve this discovery 26 dispute. 27

Defendants have filed a Motion for an Extension of time to file a motion for

28 summary judgment, which is currently due February 6, 2009. The extension to February

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1 20, 2009. is a reasonable request and the Court finds good cause to reset the deadline for 2 filing dispositive motions in this case. 3 4

Accordingly, IT IS ORDERED that Defendant McNamara is dismissed from this action

5 without prejudice. Fed. R. Civ. P.4(m). 6

IT IS FURTHER ORDERED that the Plaintiff's Motion to Compel (document

7 87) is DENIED. 8

IT IS FURTHER ORDERED that the Defendants' Motion for Extension

9 (document 97) is GRANTED to extend the deadline for filing dispositive motions to 10 February 20, 2009. 11

IT IS FURTHER ORDERED that in the event this case is not resolved on a

12 dispositive motion, the Court shall set appropriate case management deadlines for the 13 case to proceed to trial. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED this 6th day of February, 2009.

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