Calhoun v. Hartley

Filing 35

ORDER GRANTING Defendant's Ex Parte Request to Extend Discovery Deadline 34 , signed by Magistrate Judge Dennis L. Beck on 6/18/14: Discovery Deadline now set for August 4, 2014; Dispositive Motion Deadline shall remain September 2, 2014. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STANLEY CALHOUN,
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Plaintiff,

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vs.
JAMES HARTLEY,
Defendant.

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1:12cv02007 AWI DLB PC
ORDER GRANTING DEFENDANT’S
EX PARTE REQUEST TO EXTEND
DISCOVERY DEADLINE
(Document 34)

Plaintiff Stanley Calhoun (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff filed this action on December 10, 2012. The action
is proceeding on Plaintiff’s First Amended Complaint for violation of the Eighth Amendment
against Defendant Hartley.
Pursuant to the Court’s February 4, 2014, Discovery and Scheduling Order, the discovery
cut-off is July 3, 2014. The dispositive motion deadline is September 2, 2014.
On June 17, 2014, Defendant filed an ex parte request to extend the discovery cut-off to
August 4, 2014. Defendant does not believe he will need an extension of the September 2, 2014,

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dispositive motion deadline. The Court finds the matter suitable for decision without an
opposition. Local Rule 230(l).
A scheduling order “may be modified only for good cause,” and by leave of court. Fed.

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R. Civ. P. 16(b)(4). Defendant’s counsel states that he was assigned to this matter on or about

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May 20, 2014. Despite his efforts, he has not had an opportunity to fully review the case file and

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he does not believe that he can meaningfully depose Plaintiff by the July 3, 2014, discovery cut-

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off.

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The Court finds good cause to extend the discovery cut-off date. Accordingly, IT IS
HEREBY ordered that all discovery shall be completed by August 4, 2014. The dispositive
motion deadline shall remain September 2, 2014.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

June 18, 2014

UNITED STATES MAGISTRATE JUDGE

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L. Beck

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