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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALVARO QUEZADA, 12 13 14 15 16 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 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 42 U.S.C. § 1983. On March 8, 2017, Defendant Smith 20 filed an ex parte application to stay the case or to extend the discovery and dispositive 21 motion deadlines pending resolution of her motion to declare Plaintiff a vexatious litigant 22 and require him to post security. (ECF No. 69.) That same day, the motion was granted 23 in part and denied in part. (ECF No. 70.) Accordingly, Defendant’s motion to stay or to 24 extend the deadlines is HEREBY DENIED as moot. 25 Nonetheless, in that same order, the District Judge granted Plaintiff forty-five days 26 to file an amended complaint. Additionally, the District Judge permitted Plaintiff to 27 proceed against a new party, Defendant Carron. At present, Defendant Carron has not 28 1 been served and it is unclear whether Plaintiff will amend. In order to promote efficiency 2 and economy for the parties and the Court, it is HEREBY ORDERED that the discovery 3 and dispositive motion deadlines are stayed pending screening of Plaintiff’s amended 4 complaint, if any, or the expiration of the deadline to amend, and service on Defendant 5 Carron. The Court will issue a further scheduling order once these issues regarding 6 Plaintiff’s pleading are resolved. 7 8 9 IT IS SO ORDERED. Dated: March 13, 2017 /s/ 10 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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