Player v. Adams et al

Filing 50

ORDER Denying Motion To Vacate And Modifying Discovery And Scheduling Order (Doc. 49 ), signed by Magistrate Judge Dennis L. Beck on 6/1/2010. The Court ORDERS the following: The discovery cutoff date for Defendant Oftedhal and for Plaintiff for dis covery requests concerning Defendant Oftedhal, is September 15, 2010; The unenumerated Rule 12(b) motion deadline for Defendant Oftedhal is July 1, 2010; and The dispositive motion for all parties is October 20, 2010. (Discovery due by 9/15/2010, Dispositive Motions filed by 10/20/2010, Motions filed by 7/1/2010) (Scrivner, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAVELLE TYRONE PLAYER, 10 11 v. Plaintiff, CASE NO. 1:07-cv-01312-OWW-DLB PC ORDER DENYING MOTION TO VACATE AND MODIFYING DISCOVERY AND SCHEDULING ORDER (Doc. 49) Defendants. /

UNITED STATES DISTRICT COURT

12 ADAMS, et al., 13 14 15 16

On May 24, 2010, Defendants Campbell, Watson, Johnson, Proulx, Miller, Rangel, and

17 Oftedhal ("Defendants") filed a motion to vacate the Court's discovery and scheduling order, 18 issued October 15, 2009. (Doc. 49.) All Defendants except for Defendant Oftedhal filed an 19 answer to Plaintiff's second amended complaint on October 12, 2009. Defendant Oftedhal 20 appeared in this action on April 28, 2010, when he filed his answer. Defendants contend that 21 because Defendant Oftedhal only recently appeared in this action, the Court should vacate and 22 reissue its discovery and scheduling order. 23 The Court declines to vacate its October 15, 2009 scheduling and discovery order.

24 However, the Court will grant Defendant Oftedhal an extension of time to conduct discovery in 25 this action. This extension of time also applies to Plaintiff for discovery requests concerning 26 Defendant Oftedhal. The Court will also extend the deadline for Defendant Oftedhal to file an 27 unenumerated Rule 12(b) motion, as well as extend the deadline for the filing of a dispositive 28 motion for all parties. All other deadlines will remain the same. 1

1 2 3 4 5 6 7 8 3b142a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Based on the foregoing, the Court HEREBY ORDERS the following: 1) The discovery cutoff date for Defendant Oftedhal and for Plaintiff for discovery requests concerning Defendant Oftedhal, is September 15, 2010; 2) The unenumerated Rule 12(b) motion deadline for Defendant Oftedhal is July 1, 2010; and 3) The dispositive motion deadline for all parties is October 20, 2010.

IT IS SO ORDERED. Dated:

June 1, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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