Cranford v. Badagon

Filing 41

ORDER VACATING 22 Second Scheduling Order Including Telephonic Trial Confirmation Hearing and Trial; AMENDED DISCOVERY and SCHEDULING ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 12/17/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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ANGELA BADAGON, et al.
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Defendants.
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_____________________________________ )
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CONSOLIDATED ACTION
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ARCHIE CRANFORD,

Case No.: 1:11-cv-00736 -LJO-BAM
ORDER VACATING SECOND SCHEDULING
ORDER INCLUDING TELEPHONIC TRIAL
CONFIRMATION HEARING AND TRIAL
AMENDED DISCOVERY AND SCHEDULING
ORDER

Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 17, 2013, the court

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consolidated Cranford v. Badagon, 1:11-cv-00736 LJO BAM, with Cranford v. Perryman, et al., 1:13-

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cv-00906 LJO BAM. This action now proceeds against Defendant Badagon for excessive force in

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violation of the Fourteenth Amendment and against Defendants Perryman and Havder for failure to

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protect in violation of the Fourteenth Amendment.

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Given consolidation of actions, the Court finds it necessary to vacate the Second Scheduling

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Order issued on August 28, 2013, and to issue an Amended Discovery and Scheduling Order for the

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purpose of discovery solely on the claim against Defendants Perryman and Havder. Plaintiff also shall

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be permitted to re-file any motions that were pending in 1:13-cv-00906 LJO BAM in this lead action

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within thirty (30) days.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. All dates in Second Scheduling Order issued on August 28, 2013, including the telephonic
trial confirmation hearing and the trial, are VACATED;

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2. Plaintiff may re-file any motions that were in pending in 1:13-cv-00906 LJO BAM in this
lead action within thirty (30) days after service of this order.

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3. The deadline to file an unenumerated Rule 12(b) motion regarding the claim against
Defendants Perryman and Havder is December 22, 2013;

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4. The deadline to complete all discovery regarding the claim against Defendants Perryman
and Havder is March 22, 2014;

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5. The dispositive motion deadline for all claims in this action is April 24, 2014; and

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6. All future motions must be filed in this lead action designated as Case No. 1:11-cv-00736
LJO BAM.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 17, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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