Williams v. Harrington et al

Filing 72

ORDER LIFTING STAY of Motion for Summary Judgment; ORDER GRANTING Defendants Leave to File Supplement or Amended Motion for Summary Judgment; Sixty-Day Deadline signed by Magistrate Judge Dennis L. Beck on 10/5/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARCUS R. WILLIAMS,

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Case No. 1:12-cv-00226 LJO DLB PC

Plaintiff,

ORDER LIFTING STAY OF MOTION FOR
SUMMARY JUDGMENT
[ECF No. 58]

v.

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ORDER GRANTING DEFENDANTS
LEAVE TO FILE SUPPLEMENT OR
AMENDED MOTION FOR SUMMARY
JUDGMENT

KELLY HARRINGTON, et al.,
Defendants.

[SIXTY-DAY DEADLINE]

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Plaintiff Marcus R. Williams is a prisoner proceeding pro se and in forma pauperis in this

19 civil rights action.
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Plaintiff is proceeding on his Complaint filed February 17, 2012. The Court screened the

21 Complaint and found that it stated a cognizable claim for relief under 42 U.S.C. § 1983 against
22 Defendants S. Rios and S. Steward for excessive force in violation of the Eighth Amendment,
23 Defendants D. Jayvinder and M. Stewart for deliberate indifference to a serious medical need in
24 violation of the Eighth Amendment, and Defendants M.D. Biter, D. Page, Kelly Harrington, and
25 M. Cabrera for deliberate indifference to conditions of confinement in violation of the Eighth
26 Amendment. The summons and complaint were thereafter served on Defendants. On October
27 16, 2013, Defendants Biter, Carrera, Harrington, Page, Rios, and S. Stewart filed an answer to
28 the Complaint. On October 18, 2013, a discovery and scheduling order was issued. The

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1 discovery cut-off date was set for March 17, 2014, and the dispositive motion deadline was set
2 for May 16, 2014.
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On May 22, 2014, Defendants filed a motion for summary judgment. Subsequently, the

4 U.S. Marshal served Defendant M. Stewart, and Defendant Stewart filed an answer on October
5 28, 2014. In light of certain outstanding discovery issues at the time, and the fact that Defendant
6 M. Stewart had just been served, on October 24, 2014, the motion for summary judgment was
7 stayed. On July 17, 2015, the Court resolved the last discovery dispute.
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Accordingly, IT IS HEREBY ORDERED:

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1) The stay of Defendants’ motion for summary judgment is LIFTED;

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2) Defendants are GRANTED sixty (60) days from the date of service of this order to

11 supplement or amend their motion for summary judgment;
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3) Plaintiff is GRANTED thirty (30) days from the date of service of Defendants’

13 supplement or amended motion for summary judgment to file an opposition; and
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4) Defendants MAY FILE a reply to opposition, if any, within fourteen (14) days from

15 the date of service of Plaintiff’s opposition.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

October 5, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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