Exmundo v. Kane et al

Filing 55

ORDER GRANTING Defendants Leave to Supplement Motion for Summary Judgment; Supplemental Motion, if any, Due within Fourteen Days signed by Magistrate Judge Dennis L. Beck on 11/8/2011. (Sant Agata, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 EMELITO EXMUNDO, 9 CASE NO. 1:08-CV-00822-DLB PC Plaintiff, 10 v. 11 ORDER GRANTING DEFENDANTS LEAVE TO SUPPLEMENT MOTION FOR SUMMARY JUDGMENT R. KANE, et al., 12 (DOC. 43) Defendants. 13 SUPPLEMENTAL MOTION, IF ANY, DUE WITHIN FOURTEEN DAYS / 14 15 Plaintiff Emelito Exmundo (“Plaintiff”) is a prisoner in the custody of the California 16 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this 17 civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants R. 18 Kane and A. Ross for retaliation in violation of the First Amendment, deliberate indifference to a 19 serious medical need in violation of the Eighth Amendment, and the California Constitution. See 20 August 20, 2009 Order, Doc. 10; October 14, 2009 Order, Doc. 16. 21 On May 23, 2011, Defendants filed a motion for summary judgment. Doc. 43. 22 Defendants address only the retaliations claims, not Plaintiff’s Eighth Amendment claim. In the 23 interest of judicial economy, the Court will provide Defendants with fourteen (14) days to 24 supplement their motion, addressing Plaintiff’s other claims. Plaintiff will be provided an 25 opportunity to oppose Defendants’ supplemental motion, and Defendants may file a reply. 26 Requests for extensions of time are disfavored without a showing of good cause. 27 /// 28 /// 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. Defendants are granted fourteen (14) days from the date of service of this order in 3 which to supplement their motion for summary judgment, addressing Plaintiff’s 4 Eighth Amendment claim and the California Constitution claim; 5 2. 6 7 supplemental motion in which to file his opposition; and 3. 8 9 10 Plaintiff is granted twenty-one (21) days from the date of service of Defendants’ Defendants are granted seven (7) days from the date of service of Plaintiff’s opposition in which to file their reply. IT IS SO ORDERED. Dated: 3b142a November 8, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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