Nguyen v. Biter et al

Filing 136

ORDER Granting Motion for Extension of Discovery Deadline, and Setting Pretrial Dispositive Motion and Opposition Deadlines, re 115 and 133 , signed by Magistrate Judge Sheila K. Oberto on 3/23/15. Discovery due by 6/8/2015, Dispositive Motions filed by 7/20/2015. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY NGUYEN,

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Plaintiff,
v.

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Case No. 1:11-cv-00809-AWI-SKO (PC)
ORDER GRANTING MOTION FOR
EXTENSION OF DISCOVERY DEADLINE,
AND SETTING PRETRIAL DISPOSITIVE
MOTION AND OPPOSITION DEADLINES

M. D. BITER,

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(Docs. 115 and 133)
Defendant.

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Discovery Deadline: 06/08/2015
Motion Deadline: 07/20/2015

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_____________________________________/
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Plaintiff Anthony Nguyen (“Plaintiff”), a state prisoner proceeding pro se and in forma

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18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 18, 2011. This action
19 is proceeding against Defendant M. D. Biter (“Defendant”) for violation of the Eighth Amendment
20 of the United States Constitution, a claim which arises from Plaintiff’s allegations that he was
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21 exposed to arsenic-contaminated water while at Kern Valley State Prison in Delano, California.

On September 15, 2014, Plaintiff filed a motion seeking an extension of the discovery

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23 deadline. Fed. R. Civ. P. 16(b)(4). On February 6, 2015, following the issuance of three orders
24 resolving numerous motions and vacating the pretrial dispositive motion deadline pending
25 Defendant’s response to Plaintiff’s motion to supplement his complaint, Defendant filed a
26 statement of non-opposition to a limited extension of the discovery deadline. Local Rule 230(l).
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Plaintiff is presently incarcerated at California State Prison-Centinela in Imperial.

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Plaintiff’s motion to supplement his complaint was resolved in a separate order and

2 therefore, the Court HEREBY ORDERS as follows:
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1.

Plaintiff’s motion for an extension of the discovery deadline is GRANTED;

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2.

The deadline for the completion of all discovery, including filing motions to

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compel, is June 8, 2015;

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3.

The deadline for filing pretrial dispositive motions is July 20, 2015; and

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4.

Defendant shall file his opposition to Plaintiff’s pending motion for summary

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judgment on or before July 20, 2015.

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IT IS SO ORDERED.
Dated:

March 23, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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