McDonald v. Yates et al

Filing 49

ORDER Extending Application of Discovery and Scheduling Order to Defendants Clark and Rodriguez re 28 Order, 48 Answer to Prisoner Civil Rights Complaint; ORDER Requiring Parties to File Status Reports Within Thirty Days If Amendments to the Scheduling Order Are Necessary, signed by Magistrate Judge Sheila K. Oberto on 2/6/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JIMMY MCDONALD,

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Plaintiff,

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CASE NO. 1:09-cv-00730-LJO-SKO PC
ORDER EXTENDING APPLICATION OF
DISCOVERY AND SCHEDULING ORDER
TO DEFENDANTS CLARK AND
RODRIGUEZ

v.
J. A. YATES, et al.,

(Docs. 28 and 48)
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Defendants.
ORDER REQUIRING PARTIES TO FILE
STATUS REPORTS WITHIN THIRTY DAYS
IF AMENDMENTS TO THE SCHEDULING
ORDER ARE NECESSARY

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Plaintiff Jimmy McDonald, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on April 24, 2009. This action is proceeding

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against Defendants Cano, Clark, Rodriguez, and Roberts on Plaintiff’s Eighth Amendment claim

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arising out of their alleged failure to accommodate his medical need for a lower bunk. 28 U.S.C. §

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1915A.

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Defendants Cano and Roberts filed an answer to the complaint on July 6, 2011, and the Court

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issued the operative discovery and scheduling order on July 7, 2011. Pursuant to that scheduling

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order, the deadline to file a motion to dismiss for failure to exhaust was September 7, 2011; the

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deadline to amend the pleadings was January 7, 2012; the discovery deadline is March 7, 2012; and

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the deadline to file pretrial dispositive motions is May 17, 2012.

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On February 1, 2012, Defendants Clark and Rodriguez filed their answer to the complaint.

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Accordingly, based on Defendant Clark and Rodriguez’s recent answer, it is HEREBY

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ORDERED that:
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Application of the discovery and scheduling order filed on July 7, 2011, is
EXTENDED to Defendants Clark and Rodriguez;

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2.

If the parties need any of the deadlines set in the scheduling order to be amended in

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light of the recent appearance by Defendants Clark and Rodriguez, they are

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REQUIRED to file status reports within thirty (30) days identifying the deadlines

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that need extended and how much additional time they seek; and

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3.

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If the parties do not file status reports within thirty days, the scheduling order
filed on July 7, 2011, will remain in effect.

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IT IS SO ORDERED.

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Dated:
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February 6, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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