Gil v. Yates et al

Filing 58

ORDER FINDING Plaintiff's 55 Motion to Cancel Deposition MOOT for Review; ORDER GRANTING Plaintiff's 49 52 54 57 Motion to Extend Discovery Deadline; REVISED Discovery Deadline: November 14, 2012; REVISED Dispositive Motion Deadline: January 24, 2013 signed by Magistrate Judge Gerald B. Cohn on 8/10/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRANCISCO GIL,

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Plaintiff,

CASE NO. 1:09-cv-00917-GBC (PC)
ORDER FINDING PLAINTIFF’S MOTION TO
CANCEL DEPOSITION MOOT FOR REVIEW

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Doc. 55
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v.
ORDER GRANTING PLAINTIFF’S MOTION
TO EXTEND DISCOVERY DEADLINE

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JAMES A. YATES, et al.,
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Docs. 49, 52, 54, 57
Defendants.

REVISED DISCOVERY DEADLINE:
NOVEMBER 14, 2012

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REVISED DISPOSITIVE MOTION
/ DEADLINE: JANUARY 24, 2013

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On May 26, 2009, Plaintiff, 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. Doc. 1. On January 30, 2012, the Court issued

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a discovery and scheduling order, setting a discovery deadline of September 30, 2012, and a

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dispositive motion deadline of December 10, 2012. Doc. 51. Plaintiff has filed several motions to

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extend the discovery deadline. Docs. 49, 52, 54, 57. On April 20, 2012, Defendant filed a statement

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of non-opposition to extending the discovery deadline to November 14, 2012, with the caveat that

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Plaintiff appear for his deposition scheduled for June 28, 2012. Doc. 53. On May 10, 2012, Plaintiff

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filed a motion to cancel his deposition, since he is residing in Mexico. Doc. 55.Defendant did not

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respond to Plaintiff’s motion to cancel his deposition. This matter is deem submitted pursuant to

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Local Rule 230(l).
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Since the date of Plaintiff’s deposition has passed and Defendant did not file a response to

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Plaintiff’s motion to cancel his deposition, the Court finds that Plaintiff’s motion to cancel his

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deposition scheduled for June 28, 2012 is MOOT for review.

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Plaintiff’s motions to extend discovery deadline are GRANTED. The revised discovery

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deadline is November 14, 2012. Since the Court is extending the discovery deadline, the Court finds

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it necessary to extend the dispositive motion deadline. The revised dispositive motion deadline is

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January 24, 2013.

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Accordingly, it is HEREBY ORDERED that:

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1.

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The Court finds that Plaintiff’s motion to cancel his deposition scheduled for June
28, 2012 is MOOT for review;

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2.

Plaintiff’s motions to extend the discovery deadline are GRANTED;

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3.

The revised discovery deadline is November 14, 2012; and

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4.

The revised dispositive motion deadline is January 24, 2013.

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IT IS SO ORDERED.

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Dated:
7j8cce

August 10, 2012
UNITED STATES MAGISTRATE JUDGE

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