Ageel v. Gonzales et al

Filing 32

ORDER 31 Clarifying Discovery and Scheduling Order signed by Magistrate Judge Jennifer L. Thurston on 01/27/2012. (Flores, E)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR AGEEL, 12 13 Case No. 1:09-cv-02076 JLT (PC) Plaintiff, ORDER CLARIFYING DISCOVERY AND SCHEDULING ORDER vs. (Doc. 31) 14 15 16 F. GONZALES, et al., Defendants. / 17 On January 20, 2012, Defendants filed a request for clarification of the Court’s Discovery and 18 Scheduling Order. (Doc. 31) Defendants seek clarification whether the Court’s order applies to all 19 defendants or only as to the single defendant who has filed an answer to the complaint. Id. at 1. They 20 remind the Court that the remaining defendants have appeared but through the filing of a motion to 21 dismiss rather than filing an answer. Id. 22 Defendants are advised that the Court’s Discovery and Scheduling Order is issued upon the filing 23 of an answer by any defendant. Thus, despite the appearance to the contrary, the Court is aware of the 24 motion to dismiss and will turn its attention to this motion at its very earliest convenience. 25 Unfortunately, due to the overwhelming number of cases filed in this District, the motion will be 26 addressed when the Court’s resources are available to consider it. In the meanwhile, the case must 27 proceed through discovery in order for there to be a timely resolution to the matter. 28 1 1 2 Therefore, the Court clarifies that the Discovery and Scheduling Order, indeed, applies to all defendants–including those for whom a motion to dismiss has been filed. 3 4 IT IS SO ORDERED. 5 Dated: January 27, 2012 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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