Quezada v. Cate et al
ORDER DENYING as Moot Defendant's 69 Application to Stay the Case; ORDER STAYING Discovery and Dispositive Motion Deadlines, signed by Magistrate Judge Michael J. Seng on 3/13/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
M. SMITH, et al.,
CASE No. 1:13-cv-00960-AWI-MJS (PC)
ORDER DENYING AS MOOT
DEFENDANT’S APPLICATION TO STAY
(ECF No. 69)
ORDER STAYING DISCOVERY AND
DISPOSITIVE MOTION DEADLINES
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. On March 8, 2017, Defendant Smith
filed an ex parte application to stay the case or to extend the discovery and dispositive
motion deadlines pending resolution of her motion to declare Plaintiff a vexatious litigant
and require him to post security. (ECF No. 69.) That same day, the motion was granted
in part and denied in part. (ECF No. 70.) Accordingly, Defendant’s motion to stay or to
extend the deadlines is HEREBY DENIED as moot.
Nonetheless, in that same order, the District Judge granted Plaintiff forty-five days
to file an amended complaint. Additionally, the District Judge permitted Plaintiff to
proceed against a new party, Defendant Carron. At present, Defendant Carron has not
been served and it is unclear whether Plaintiff will amend. In order to promote efficiency
and economy for the parties and the Court, it is HEREBY ORDERED that the discovery
and dispositive motion deadlines are stayed pending screening of Plaintiff’s amended
complaint, if any, or the expiration of the deadline to amend, and service on Defendant
Carron. The Court will issue a further scheduling order once these issues regarding
Plaintiff’s pleading are resolved.
IT IS SO ORDERED.
March 13, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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