McCoy v. Kelso, et al.

Filing 177

ORDER GRANTING Defendant's 171 Request to Extend the Discovery Deadline to take Plaintiff's Deposition signed by Magistrate Judge Stanley A. Boone on 10/8/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAYMOND MCCOY,

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Plaintiff,

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v.
STRONACH, et al.,

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Defendants.

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ORDER GRANTING DEFENDANTS’ REQUEST
TO EXTEND THE DISCOVERY DEADLINE TO
TAKE PLAINTIFF’S DEPOSITION
[ECF No. 165]

action pursuant to 42 U.S.C. § 1983.
On September 24, 2019, Defendants filed a request for an informal discovery conference and

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Case No.: 1:12-cv-000983-AWI-SAB (PC)

Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights

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to extend the discovery deadline to take Plaintiff’s deposition.
Defendants noticed Plaintiff’s deposition to take place on September 12, 2019. (ECF No. 165.)

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Defendants submitted that on August 22, 2019, they received a motion for a protective order to stay

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the deposition, but this motion has never been filed with the Court. Defendants stayed the taking of

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Plaintiff’s deposition in light of receipt of the motion for a protective order.
On October 7, 2019, the Court held a telephonic discovery conference, and Deputy Attorney

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General William McCaslin appeared on behalf of Defendants and Plaintiff appeared pro per.

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On the basis of good cause, the Court HEREBY GRANTS Defendants’ request to extend the

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discovery deadline to take Plaintiff’s deposition. The deadline is extended only for the taking of

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Plaintiff’s deposition. In addition, Defendants’ request at the hearing to extend the dispositive motion

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is likewise granted.

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Accordingly, it is HEREBY ORDERED that:

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1.

Defendants’ request to extend the discovery and dispositive motion deadlines are
GRANTED;

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2.

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Defendants’ counsel may re-notice Plaintiff’s deposition within forty-five (45) days
from the date of service of this order;

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3.

The dispositive motion deadline is extended to January 16, 2020;

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4.

Plaintiff is required to attend, participate, and cooperate in the deposition; and

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5.

The failure to comply with this order may result in the imposition of sanctions which
may include dismissal of this action.

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IT IS SO ORDERED.

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Dated:

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October 8, 2019
UNITED STATES MAGISTRATE JUDGE

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