Fugawa v. Trimble et al

Filing 34

ORDER Granting Ex Parte Motion For Extension Of Non-Expert Discovery Deadline From February 28, 2014, To April 7, 2014 (Doc. 33 ), signed by Magistrate Judge Sheila K. Oberto on 2/28/2014. (Discovery due by 4/7/2014.) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER FUGAWA,
Plaintiff,

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v.

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ORDER GRANTING EX PARTE MOTION
FOR EXTENSION OF NON-EXPERT
DISCOVERY DEADLINE FROM
FEBRUARY 28, 2014, TO APRIL 7, 2014

ROBERT TRIMBLE, et al.,

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Case No. 1:11-cv-00966-LJO-SKO PC

Defendants.
_____________________________________/

(Doc. 33)
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Plaintiff Peter Fugawa, a state prisoner now represented by counsel, filed this civil rights

17 action pursuant to 42 U.S.C. § 1983 and California law on June 13, 2011.

This action is

18 proceeding on Plaintiff’s amended complaint, filed on November 14, 2011, against Defendant L.
19 DeArmond for use of excessive physical force in violation of the Eighth Amendment of the United
20 States Constitution and for battery and negligence under California law. Plaintiff’s claims arise
21 out of a physical altercation between Plaintiff and Defendant on January 21, 2011, at Pleasant
22 Valley State Prison.
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On February 24, 2014, Plaintiff filed an ex parte application seeking an extension of the

24 non-expert discovery deadline to April 7, 2014. The Court has considered Plaintiff’s request and
25 finds that Plaintiff has shown good cause for the requested modification of the scheduling order.
26 Fed. R. Civ. P. 16(b)(4); Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th
27 Cir. 2002).
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According, Plaintiff’s motion is GRANTED and the non-expert discovery deadline is

2 EXTENDED from February 28, 2014, to April 7, 2014.
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IT IS SO ORDERED.
Dated:

February 28, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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