Huckabee v. Medical Staff at CSATF et al

Filing 275

ORDER Setting Discovery and Dispositive Motion Deadlines,signed by Magistrate Judge Barbara A. McAuliffe on 10/24/2018. ( Discovery due by 1/21/2019 and Dispositive Motions filed by 3/22/2019) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY CRAIG HUCKABEE,

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Plaintiff,

Case No. 1:09-cv-00749-DAD-BAM (PC)
ORDER SETTING DISCOVERY AND
DISPOSITIVE MOTION DEADLINES

v.
MEDICAL STAFF AT CSATF, et al.,

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Discovery Deadline: January 21, 2019
Dispositive Motion Deadline: March 22, 2019

Defendants.

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Plaintiff Anthony Craig Huckabee (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s fifth amended complaint against Defendants Wu, Jimenez, and McGuinness for

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deliberate indifference to Plaintiff’s serious medical needs in violation of the Eighth Amendment.

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Specifically, Plaintiff’s claims are against: (1) Defendant Wu for reducing the strength of

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Plaintiff’s prescription eye drops on December 21, 2004; (2) Defendant Jimenez for assuring

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Plaintiff that he would personally handle Plaintiff’s refill request for his eye drops on July 12, 14,

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and 18, 2005, but the medication was not refilled; and (3) Defendant McGuinness, who was

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aware of the delay in Plaintiff’s glaucoma medication in May 2005 and February 2006. (ECF

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Nos. 272, 274.)

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On June 13, 2018, the Court vacated the discovery and dispositive motion deadlines in
order to resolve the pending motion for summary judgment based on Plaintiff’s failure to exhaust
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administrative remedies for his claims against all defendants. (ECF No. 269.) The motion for

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summary judgment was granted in part and denied in part pursuant to the District Judge’s order of

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September 30, 2018. (ECF No. 274.)

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Accordingly, the Court finds it appropriate and necessary to reset the discovery and
dispositive motion deadlines. Fed. R. Civ. P. 16.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. The deadline for the completion of all discovery, including filing all motions to

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compel discovery, shall be January 21, 2019. Absent good cause, discovery motions

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will not be considered if filed after the discovery deadline. Therefore, discovery

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requests and deposition notices must be served sufficiently in advance of the discovery

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deadline to permit time for a response and time to prepare and file a motion to compel.

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2. The deadline for filing all dispositive motions (other than a motion for summary

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judgment for failure to exhaust) shall be March 22, 2019.
3. Any request for an extension of these deadlines must be filed on or before the

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expiration of the deadline. However, the parties are advised that an extension of time

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will only be granted upon a clear showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 24, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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