McMaster v. Spearman et al

Filing 115

ORDER Addressing 114 Request for Clarification and Setting Pretrial Dispositive Motion Deadline signed by Magistrate Judge Sheila K. Oberto on 10/26/2015. Discovery due by 12/18/2015. Pretrial Dispositive Motions filed by 2/16/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA MCMASTER,
Plaintiff,

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v.

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ORDER ADDRESSING REQUEST FOR
CLARIFICATION AND SETTING
PRETRIAL DISPOSITIVE MOTION
DEADLINE

M. E. SPEARMAN, et al.,

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Case No. 1:10-cv-01407-AWI-SKO (PC)

Defendants.

(Doc. 114)
Discovery Deadline: 12/18/2015
Pretrial Dispositive Motion Deadline: 02/16/2016

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_____________________________________/
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Plaintiff Dana McMaster, a former state prisoner proceeding pro se and in forma pauperis,

18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 6, 2010. This action is
19 proceeding on Plaintiff’s second amended complaint, filed January 3, 2013, against Defendants
20 Carlson, Garcia, Sedwick, Espitia, and Pease for failing to protect him, in violation of the Eighth
21 Amendment, and against Defendant Carlson for retaliation, in violation of the First Amendment.
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On October 21, 2015, Defendant Pease filed a request for clarification of the order filed on

23 October 19, 2015, which granted his motion to compel and extended the discovery deadline sixty
24 days.

Defendant also seeks a dispositive motion deadline of February 16, 2016, given the

25 resolution of his motion to compel and the expiration of the motion deadline during the pendency
26 of that motion.
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Defendant Pease’s request is HEREBY GRANTED. The discovery deadline is clarified to

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2 be sixty days from October 19, 2015, or December 18, 2015; and good cause having been shown,
3 a pretrial dispositive motion deadline is set for February 16, 2016. Fed. R. Civ. P. 16(b)(4).
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IT IS SO ORDERED.

6 Dated:

October 26, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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