Villescas v. Dotson et al

Filing 67

ORDER Overruling Plaintiff's 65 Objections to Defendants' Request to Modify the Scheduling Order, signed by Magistrate Judge Stanley A. Boone on 11/5/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERTO VILLESCAS,

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Plaintiff,
v.
M.T. DOTSON, et al.,

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Defendants.

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Case No.: 1:12-cv-02068-SAB (PC)
ORDER OVERRULING PLAINTIFF’S
OBJECTIONS TO DEFENDANTS’ REQUEST
TO MODIFY THE SCHEDULING ORDER
[ECF No. 65]

Plaintiff Alberto Villescas is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the

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jurisdiction of the United States Magistrate Judge. ECF No. 34; Local Rule 302.

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On September 3, 2015, Defendants filed a third motion to modify the scheduling order. (ECF

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No. 55.) The Court granted Defendants’ motion on September 4, 2015, and extended the dispositive

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motion deadline by seven days, i.e. September 10, 2015. (ECF No. 56.) In that order, the Court noted

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that no further extensions of time would be granted, absent a showing of extraordinary circumstances,

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not present therein. (Id.) Defendants filed a motion for summary judgment on September 10, 2015.

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(ECF No. 57.)

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On November 4, 2015, Plaintiff filed an opposition to Defendants’ third motion to modify the

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scheduling order. (ECF No. 65.) Plaintiff contends that he been prejudiced and will be further

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prejudiced by an extension of the dispositive motion deadline. (Id.)
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Inasmuch as Defendants’ presented good cause for a short extension of the dispositive motion

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deadline and filed a motion for summary judgment by the extended deadline, i.e. September 10, 2015,

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Plaintiff’s objections to Defendants’ third motion for an extension of time is OVERRULED.

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IT IS SO ORDERED.

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Dated:

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November 5, 2015
UNITED STATES MAGISTRATE JUDGE

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