Cantu v. Garcia et al

Filing 101

ORDER REOPENING Discovery and SETTING Further Schedule signed by Magistrate Judge Dennis L. Beck on 4/1/2014. Discovery Cut-Off: 7/25/2014; Dispositive Motion Deadline: 9/23/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA J. CANTU,

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Plaintiff,
vs.
M. GARCIA, et al.,
Defendants.

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1:09cv00177 AWI DLB PC
ORDER REOPENING DISCOVERY
AND SETTING FURTHER SCHEDULE
Discovery Cut-Off: July 25, 2014
Dispositive Motion Deadline:
September 23, 2014

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Plaintiff Joshua J. Cantu (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983.

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On September 6, 2011, the Court found a cognizable Eighth Amendment claim against
Defendant Garcia. Defendant Garcia filed an answer on December 20, 2011, and the Court
issued a Discovery and Scheduling Order on January 3, 2012.

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On May 20, 2013, the Court granted Plaintiff leave to file a Second Amended Complaint
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identifying three Doe Defendants (Defendants Gorgee, Baptiste and Williams). The Court
ordered service for the three new Defendants on July 25, 2013.

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Defendants Garcia and Defendant Gorgee filed an answer to the Second Amended
Complaint on February 24, 2014. On March 6, 2014, summonses were returned unexecuted as
to Defendants Baptiste and Williams.

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As the dates in the January 3, 2012, discovery order had expired, the Court ordered the

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parties for file a status report addressing what, if any additional discovery is necessary.
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Based on the status reports, the Court finds good cause to REOPEN discovery and sets

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the following scheduling deadlines:
Discovery Cut-Off:

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July 25, 20141

Dispositive Motion Deadline:

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September 23, 2014

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IT IS SO ORDERED.

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Dated:

April 1, 2014

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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Plaintiff is reminded that motions to compel must be filed by this deadline, and he should refer to the January 3,
2012, Discovery and Scheduling Order for additional information relating to discovery practice.
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