Serrano v. Rawers et al

Filing 49

ORDER SETTING Depositions Deadline, signed by Magistrate Judge Michael J. Seng on 5/4/2015. (Marrujo, C)

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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-MJS (PC)
ORDER
SETTING
DEADLINE

DEPOSITIONS

v.
(ECF No. 45)
SCOTT RAWERS, et al.,
FORTY-FIVE (45) DAY DEADLINE
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 Eighth 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 that Plaintiff failed to

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exhaust his administrative remedies. (ECF No. 34.) On January 7, 2015, Defendant

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filed a motion to modify the discovery and scheduling order by vacating the deadline for

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

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motion for summary judgment. (ECF No. 43.) The Court granted Defendant’s motion to

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modify the discovery order, (ECF No. 45.), and on March 30, 2015, the Court denied

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Defendant’s motion for summary judgment. (ECF No. 47.)

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Accordingly, it is HEREBY ORDERED that: the new deadline for the parties to
take depositions is forty-five days (45) from the date of service of this order.

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IT IS SO ORDERED.
Dated:

May 4, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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