Wheeler v. Alison et al

Filing 328

ORDER GRANTING Parties' 327 Stipulation to a Limited Reopening of Discovery and for Leave to File Motions for Summary Judgment signed by District Judge Dale A. Drozd on 12/20/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC WHEELER,

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Plaintiff,

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No. 1:12-cv-00861-DAD-GSA

ORDER GRANTING PARTIES’
STIPULATION TO A LIMITED REOPENING
OF DISCOVERY AND FOR LEAVE TO FILE
MOTIONS FOR SUMMARY JUDGMENT

v.
BYRON MUI,

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Defendant.
(Doc. No. 327)

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On December 13, 2016, the parties filed a joint stipulation seeking a limited reopening of

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discovery in this matter and a further opportunity to file a motion for summary judgment relating

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to the issue of whether defendant Byron Mui acted under color of law. (Doc. No. 327.) Having

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carefully reviewed the entire file and the parties’ stipulation, the court finds good cause to adopt

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the parties’ stipulation. Accordingly,

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1. The parties’ stipulation (Doc. No. 327) is adopted;

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2. Discovery is reopened for a period ending on December 23, 2016, for the limited

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purpose of conducting the depositions of (i) Michael Ross, P.A., and (ii) the corporate

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witness for Centennial Medical Group, Inc. Such depositions shall be limited in scope

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in accordance with the parties’ stipulation.

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3. The parties are granted leave file motions for judgment concerning the limited issue of

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whether defendant Mui acted under color of law. Any such motions must be filed no

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later than January 10, 2017, and noticed for hearing before this court no later than

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February 7, 2017.

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IT IS SO ORDERED.
Dated:

December 20, 2016
UNITED STATES DISTRICT JUDGE

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