Bruce v. Woodford, et al.

Filing 136

ORDER GRANTING Defendants' Ex Parte 135 Application to Take Plaintiff's Deposition After the Discovery Cut-Off Date signed by Magistrate Judge Barbara A. McAuliffe on 6/25/2013. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT C. BRUCE,

Case No. 1:07-CV-0269 AWI BAM

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Plaintiff, ORDER GRANTING DEFENDANTS’ EX
PARTE APPLICATION TO TAKE
PLAINTIFF’S DEPOSITION AFTER
THE DISCOVERY CUT-OFF DATE
(ECF No. 135)

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v.
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JEANNE WOODFORD, ET AL.,
Defendants.

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Plaintiff Vincent C. Bruce is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s claims

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for relief against: (1) Defendants Adams, Hense, Ward, Clark, Fulks, Wan, Frauenheim, Lloren,

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Fields and Tripp for retaliation in violation of the First Amendment; (2) Defendants Adams,

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Hense, Ward, Clark, Fulks, Wan, Lloren, Fields and Tripp for violation of the Due Process

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Clause; and (3) Defendants Adams, Schottgen and Fields for failing to provide Plaintiff with

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adequate clothing in violation of the Eighth Amendment. Currently before the Court is

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Defendants’ Ex Parte Application to Take Plaintiff’s Deposition after the Discovery Cut-off Date.

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For good cause shown, the Court grants the Application.

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According to the moving papers, this action was reassigned to defense counsel on May 31,
2013. Following reassignment, defense counsel has been attempting to schedule Plaintiff’s
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deposition in according with the Scheduling Order, which requires 14 days’ notice before the
deposition and sets the discovery deadline as July 1, 2013. Defense counsel explains that despite
efforts to make arrangements with the Litigation Coordinator at Pelican Bay State Prison, where
Plaintiff is house, the required prison facilities and staff will not be available for Plaintiff’s
deposition until after the current discovery deadline of July 1, 2013. Defendants intend to arrange
for Plaintiff’s deposition as soon as possible after the discovery cut-off date.
For good cause shown, Defendants’ application to take Plaintiff’s deposition after the
discovery cut-off date is GRANTED. Defendants shall take Plaintiff’s deposition as soon as the
deposition can reasonably be scheduled after the current discovery cut-off date of July 1, 2013.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 25, 2013

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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