Smith v. Allison et al

Filing 199

ORDER GRANTING 198 Defendants' Motion to Modify the Scheduling Order and Staying Discovery and Deadlines Pending Ruling on Defendants' Motion for Court Intervention signed by Magistrate Judge Jennifer L. Thurston on 5/20/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,
Plaintiff,

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v.

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D. GOSS, et al.,

Case No.: 1:10-cv-01814-LJO-JLT (PC)
ORDER GRANTING DEFENDANTS’ MOTION
TO MODIFY THE SCHEDULING ORDER
AND STAYING DISCOVERY AND
DEADLINES PENDING RULING ON
DEFENDANTS’ MOTION FOR COURT
INTERVENTION

Defendants.

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(Doc. 198)
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On May 10, 2016, Defendants moved for court intervention due to Plaintiff’s continued

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inappropriate and sexually harassing conduct (Doc. 196) and to modify the scheduling order so as to

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stay all discovery and deadlines in this action pending a ruling on their motion (Doc. 198).

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The time for Plaintiff to file an opposition or a statement of non-opposition to Defendants’

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motion for court intervention has not yet passed. L.R. 230(l). However, if that motion is granted, no

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further action will be required for any aspect of this case. Thus, it is appropriate to stay all discovery

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and deadlines in this action until Defendants’ motion for court intervention is determined.

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Accordingly, the Court ORDERS:

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1.

Defendants’ motion to modify the scheduling order and to stay all discovery and
pending deadlines in this action, filed on May 10, 2016, is GRANTED;

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2.

All discovery is STAYED in this action

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3.

All deadlines are VACATED except:
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a)

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Plaintiff’s opposition or notice of non-opposition to Defendants’ motion

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for court intervention (Doc. 196) is due within 21 days of the date it was

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filed; and
b)

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Defendants’ may thereafter file their reply in accordance with the Local
Rules if desired; and

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4.

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If Defendants’ motion for court intervention is not granted, the Court will issue a
further scheduling order.

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IT IS SO ORDERED.
Dated:

May 20, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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