Sansone v. Thomas

Filing 53

ORDER VACATING 16 Discovery/Scheduling Order Issued on June 14, 2016; ORDER Directing Clerk to Serve New Order Requiring Initial Disclosures and Setting Mandatory Scheduling Conference signed by Magistrate Judge Erica P. Grosjean on 7/26/2016. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD M. SANSONE, 12 13 14 15 Plaintiff, vs. 1:13-cv-01942-DAD-EPG-PC ORDER VACATING DISCOVERY/SCHEDULING ORDER ISSUED ON JUNE 14, 2016 (ECF No. 16.) J. C. THOMAS, et al., Defendants. 16 17 ORDER DIRECTING CLERK TO SERVE NEW ORDER REQUIRING INITIAL DISCLOSURES AND SETTING MANDATORY SCHEDULING CONFERENCE 18 Richard Sansone (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds on the 20 First Amended Complaint filed by Plaintiff on November 13, 2014, against defendants 21 Correctional Officer J. C. Thomas and John Doe #1, for use of excessive force in violation of 22 the Eighth Amendment.1 (ECF No. 27.) 23 On June 14, 2016, the Court issued a Discovery and Scheduling Order setting out 24 deadlines in this case for filing exhaustion motions, amending pleadings, discovery, and filing 25 dispositive motions. (ECF No. 42.) At this time, the Court finds it beneficial to replace the 26 Discovery and Scheduling Order with a new order entitled “Order Requiring Initial Disclosures 27 28 1 On May 5, 2016, the Court issued an order dismissing all other claims and defendants from this action, based on Plaintiff’s failure to state a claim. (ECF No. 36.) 1 1 and Setting Mandatory Scheduling Conference.” To this end, the Court shall vacate the prior 2 order in its entirety and direct the Clerk to serve the new order upon the parties to this case. All 3 of the dates and deadlines in the prior Discovery and Scheduling Order shall be vacated. 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. 6 7 its entirety; 2. The Clerk is DIRECTED to serve the “Order Requiring Initial Disclosures and Setting Mandatory Scheduling Conference” upon the parties to this case; and 8 9 The Discovery and Scheduling Order issued on June 14, 2016, is VACATED in 3. The new order supercedes the prior order, and therefore all dates and deadlines 10 set in the Discovery and Scheduling Order issued on June 14, 2016, are 11 VACATED. 12 13 14 IT IS SO ORDERED. Dated: July 26, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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