Quezada v. Cate et al

Filing 72

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALVARO QUEZADA,

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Plaintiff,
v.
M. SMITH, et al.,
Defendants.

CASE No. 1:13-cv-00960-AWI-MJS (PC)
ORDER DENYING AS MOOT
DEFENDANT’S APPLICATION TO STAY
THE CASE
(ECF No. 69)
ORDER STAYING DISCOVERY AND
DISPOSITIVE MOTION DEADLINES

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983. On March 8, 2017, Defendant Smith
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filed an ex parte application to stay the case or to extend the discovery and dispositive
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motion deadlines pending resolution of her motion to declare Plaintiff a vexatious litigant
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and require him to post security. (ECF No. 69.) That same day, the motion was granted
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in part and denied in part. (ECF No. 70.) Accordingly, Defendant’s motion to stay or to

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extend the deadlines is HEREBY DENIED as moot.
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Nonetheless, in that same order, the District Judge granted Plaintiff forty-five days
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to file an amended complaint. Additionally, the District Judge permitted Plaintiff to
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proceed against a new party, Defendant Carron. At present, Defendant Carron has not
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been served and it is unclear whether Plaintiff will amend. In order to promote efficiency

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and economy for the parties and the Court, it is HEREBY ORDERED that the discovery

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and dispositive motion deadlines are stayed pending screening of Plaintiff’s amended

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complaint, if any, or the expiration of the deadline to amend, and service on Defendant

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Carron. The Court will issue a further scheduling order once these issues regarding

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Plaintiff’s pleading are resolved.

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IT IS SO ORDERED.
Dated:

March 13, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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