Serrano v. Rawers et al

Filing 45

ORDER GRANTING 43 Motion Modify Discovery and Scheduling Order ; ORDERED that the deadline to taking depositions are VACATED, and will be reset, if necessary, following a ruling on Defendant's Motion for Summary Judgment, signed by Magistrate Judge Michael J. Seng on 1/13/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSIE L. SERRANO,

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Plaintiff,

CASE NO. 1:11-cv-00399-LJO-MJS (PC)
ORDER GRANTING MOTION TO MODIFY
DISCOVERY AND SCHEDULING ORDER

v.
(ECF No. 43)
SCOTT RAWERS, et al.,
Defendants.

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

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendant Lucas on Plaintiff’s Eight Amendment failure to protect claim. (ECF No. 11.)

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On June 16, 2014, the Court issued a discovery and scheduling order, setting

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February 16, 2015 as the discovery deadline. (ECF No. 30.) On September 16, 2014,

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Defendant filed a motion for summary judgment on the ground Plaintiff failed to exhaust

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his administrative remedies. (ECF No. 34.) On January 7, 2015, Defendant filed a motion

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to modify the discovery and scheduling order by vacating the deadline for taking

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depositions and resetting it, if necessary, after the Court rules on the pending motion for

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summary judgment. (ECF No. 43.)

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Defendant has presented good cause for modifying the discovery and scheduling

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order. Accordingly, Defendant’s motion (ECF No. 43) is HEREBY GRANTED. The
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deadline for taking depositions is VACATED, and will be reset, if necessary, following a

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ruling on Defendant’s motion for summary judgment.

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IT IS SO ORDERED.
Dated:

January 13, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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