Rodriguez v. CDCR Departmental Review Board et al

Filing 84

ORDER Granting Defendants' Motion to Modify the Scheduling Order, Extending the Dispositive Motion Filing Deadline 82 , signed by Magistrate Judge Jennifer L. Thurston on 5/10/16. Dispositive Motion Deadline: 9/30/2016. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS RODRIGUEZ,
Plaintiff,

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v.

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CDCR DEPARTMENT OF REVIEW
BOARD, et al.,

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Defendants.

Case No. 1:12-cv-00757-DAD-JLT (PC)
ORDER GRANTING DEFENDANTS’ MOTION
TO MODIFY THE SCHEDULING ORDER,
EXTENDING THE DISPOSITIVE MOTION
FILING DEADLINE
(Doc. 82)
Dispositive Motion Deadline − 09/30/2016

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On May 9, 2016, Defendants filed a motion seeking to modify the current scheduling

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order. Defendants report that Plaintiff has died recently and seek to extend case deadlines until

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thirty days after any successor assumes the prosecution of this case. (Doc. 82.) Defendants report

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that the time has not yet lapsed for a successor to be substituted in his place in this action. (Id.)

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The Court notes that the 90-day deadline under Rule 25(a) of the Federal Rules of Civil

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Procedure for a substitution expires on August 4, 2016. (See Doc. 81.) While these events

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provide good cause to extend the deadline for filing dispositive motions, the Court does not find it

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necessary to vacate the schedule at this time.

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Accordingly, the Court ORDERS:

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Defendants’ motion to modify the scheduling order, filed on May 9, 2016 (Doc.

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82), is GRANTED in PART. The deadline to file dispositive motions is extended to September

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30, 2016.

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IT IS SO ORDERED.
Dated:

May 10, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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