Ahdom v. Lopez et al

Filing 70

ORDER Vacating the Scheduling Order 39 ; ORDER Denying Defendant Ashby's Ex Parte Application to Vacate Deadlines in Discovery / Scheduling Order as Moot 39 , signed by Magistrate Judge Barbara A. McAuliffe on 4/3/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) 1:09-cv-1874-AWI-BAM (PC)
)
Plaintiff,
) ORDER VACATING THE SCHEDULING
) ORDER (ECF No. 39)
v.
)
) ORDER DENYING DEFENDANT
S. LOPEZ, et al.,
) ASHBY’S EX PARTE APPLICATION TO
) VACATE DEADLINES IN
Defendants.
) DISCOVERY/SCHEDULING ORDER AS
) MOOT (ECF No. 66)
)
______________________________________________________________________________
BILAL AHDOM,

On July 23, 2012, the Court issued a discovery and scheduling order, which set the
deadline to complete all discovery as March 23, 2013, and the deadline to file dispositive
motions as June 3, 2013. (ECF No. 39)
On November 8, 2012, Defendant Ashby filed a motion to dismiss. (ECF No. 53.)
Thereafter, on March 22, 2013, during pendency of the motion to dismiss, Defendant Ashby filed
an ex parte application to vacate the remaining discovery deadlines until the Court ruled on his
motion to dismiss. (ECF No. 66.) Defendant Ashby indicated that he had not undertaken any
discovery while his motion was pending, and noted that the discovery deadline was set to expire
the next day.
Subsequently, on April 2, 2013, the undersigned issued findings and recommendations
that Defendant Ashby’s motion to dismiss be granted and that Plaintiff be given leave to file an

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amended complaint. (ECF No. 69.) The time period for filing objections to the findings and

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recommendations remains open and the motion to dismiss has not been resolved.

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Given the pending motion to dismiss, the Court finds it appropriate to vacate the

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discovery cut-off date and the dispositive motion deadline in the July 23, 2012 scheduling order.

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Once the motion to dismiss has been resolved and the complaint has been finalized, the Court

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will issue an amended discovery and scheduling order for the completion of discovery and the

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filing of dispositive motions.

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Accordingly, it is HEREBY ORDERED as follows:

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1. The discovery cut-off date and dispositive motion deadline set forth in the July 23,

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2012, scheduling order are VACATED;
2. Defendant Ashby’s ex parte application to vacate the discovery deadline and

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dispositive motion deadline is DENIED AS MOOT.

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IT IS SO ORDERED.
Dated:

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/s/ Barbara

April 3, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

10c20kb8554

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