Fields v. Vogel

Filing 41

ORDER GRANTING Defendant's Request to Extend the Deadline for Dispositive Motions, Dispositive Motion Deadline: May 28, 2013 22 , 29 , signed by Magistrate Judge Barbara A. McAuliffe on 2/12/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN E. FIELDS,

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CASE NO. 1:10-cv-01701-AWI-BAM PC
Plaintiff,

v.
RONALD VOGEL,

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ORDER GRANTING DEFENDANT’S
REQUEST TO EXTEND THE DEADLINE
FOR DISPOSITIVE MOTIONS
Dispositive Motion Deadline:
May 28, 2013

Defendant.
/ (ECF Nos. 22, 29)

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Plaintiff Kevin Fields is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the second amended

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complaint, filed January 19, 2012, against Defendant Vogel for retaliation in violation of the First

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Amendment.

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On January 2, 2013, Plaintiff filed a motion to extend the January 8, 2013 discovery deadline

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an additional sixty (60) days. (ECF No. 38.) Plaintiff reported that he had served Defendant Vogel

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with a second request for interrogtories, admissions and production of documents on September 20,

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2012, but Defendant Vogel had not responded. The Court granted Plaintiff’s request and directed

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Defendant Vogel to file a response to Plaintiff’s assertions. (ECF No. 39.) On February 6, 2013,

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defense counsel filed a response and reported having no record of receiving Plaintiff’s discovery

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requests. (ECF No. 40.) Counsel further reported that the parties met and conferred on January 20,

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2013, and that Plaintiff indicated he would serve the discovery requests on Defendant. Defendant

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now requests that the Court extend the deadline for dispositive motions.

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As the Court has extended the discovery deadline an additional sixty (60), the Court finds
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it likewise appropriate to extend the dispositive motion deadline an additional sixty (60) days.

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Accordingly, IT IS HEREBY ORDERED AS FOLLOWS:

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1.

Defendant’s request for an extension of time is GRANTED;

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2.

The Scheduling Order issued on May 8, 2012 is AMENDED to extend the pre-trial

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dispositive motion deadline an additional sixty (60) days; and
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The deadline for filing pre-trial dispositive motions SHALL BE May 28, 2013.

IT IS SO ORDERED.
Dated:
10c20k

February 12, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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