Guzman v. Marshall et al

Filing 27

ORDER signed by Magistrate Judge Stanley A. Boone on 8/20/2014 granting 26 MOTION TO MODIFY DISCOVERY AND SCHEDULING ORDER AND DENYING REQUEST TO STAY DISCOVERY AND EXTEND DISCOVERY DEADLINE. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAFAEL GUZMAN,

Case No. 1:12-cv-00828-LJO-SAB
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY DISCOVERY AND
SCHEDULING ORDER AND DENYING
REQUEST TO STAY DISCOVERY AND
EXTEND DISCOVERY DEADLINE

Plaintiff,

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v.

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JOHN MARSHALL, et al.,

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Defendants.

(ECF No. 26 )

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Plaintiff Rafael Guzman is appearing pro se and in forma pauperis in this civil rights

18 action pursuant to 42 U.S.C. § 1983.
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On August 19, 2014, Defendants filed a motion to modify the discovery and scheduling

20 order.
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On May 19, 2014, the Court issued a discovery and scheduling order, setting August 19,

22 2014, as the last day to file a motion for summary judgment for failure to exhaust. Further, the
23 discovery and scheduling order set January 19, 2015, as the last day to serve discovery requests.
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Defendants indicate that based upon their review of the case, it has become apparent that

25 a motion for summary judgment for failure to exhaust is appropriate. Defendants further request
26 that the court stay discovery until after resolution of a motion for summary judgment for failure
27 to exhaust. The Court will grant in part and deny in part Defendants’ request.
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Although Defendants have shown good cause for extending the deadline to file a motion

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2 for summary judgment for failure to exhaust, at this juncture, the Court does not find good cause
3 to stay discovery until after resolution of a motion for summary judgment for failure to exhaust,
4 and Defendants’ request to stay discovery is DENIED without prejudice as discovery may be
5 necessary if a motion for summary judgment on exhaustion is filed.
Upon the basis of good cause, Defendants are granted an extension of time of thirty days,

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7 to and including September 19, 2014, to file their motion for summary judgment for failure to
8 exhaust.
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IT IS SO ORDERED.

11 Dated:

August 20, 2014
UNITED STATES MAGISTRATE JUDGE

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