Marquez v. Quintero et al

Filing 21

ORDER Regarding Defendants' Request to Vacate Deadlines signed by Magistrate Judge Dennis L. Beck on 9/10/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY MARQUEZ,

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Plaintiff,
v.
I. QUINTERO, et al.,

Case No. 1:13-cv-01401 LJO DLB PC
ORDER REGARDING DEFENDANTS’
REQUEST TO VACATE DEADLINES
(Document 20)

Defendants.

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Plaintiff Anthony Marquez (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on August 28, 2013. The action is proceeding against

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Defendants I. Quintero and D. Horban for violation of the Eighth Amendment.

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The action is currently in discovery, with a discovery deadline of October 31, 2014, and a
dispositive motion deadline of December 30, 2014.
On June 13, 2014, Defendants filed a motion for summary judgment based on exhaustion.
The motion is pending.
On September 3, 2014, Defendants filed a request to vacate the discovery and motion
deadlines pending resolution of the motion for summary judgment.
A scheduling order “may be modified only for good cause,” and by leave of court. Fed. R.

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Civ. P. 16(b)(4). Here, the Court will not vacate all deadlines and essentially stay this action.

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However, the Court will extend the discovery deadline to permit the parties additional time for

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discovery after a ruling, should the action survive the exhaustion challenge.

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Accordingly, the Court extends the discovery deadline to sixty days after a ruling on the

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motion for summary judgment. The Court further extends the dispositive motion deadline to 120

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days after the ruling on summary judgment.

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This order does not stay discovery. If discovery becomes unduly burdensome, the parties
may move for a protective order. Fed. R. Civ. Proc. 26(c)(1).

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IT IS SO ORDERED.
Dated:

/s/ Dennis

September 10, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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