Boyd v. Etchebehere et al
Filing
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ORDER REGARDING Defendant's Request for Clarification, GRANTING Parties' Requests to Vacate the Discovery and Dispositive Motion Deadlines, signed by Magistrate Judge Stanley A. Boone on 11/24/15. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CURTIS BOYD,
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Plaintiff,
v.
C. ETCHEBEHERE,
Defendant.
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Case No. 1:13-01966-LJO-SAB (PC)
ORDER REGARDING DEFENDANT’S
REQUEST FOR CLARIFICATION, GRANTING
PARTIES’ REQUESTS TO VACATE THE
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES
[ECF Nos. 46, 48]
Plaintiff Curtis Boyd is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This case is proceeding against Defendant Etchebehere for a violation of Plaintiff’s right to the
free exercise of religion under the First Amendment.
On November 9, 2015, the Court granted Plaintiff’s request for leave to amend the complaint
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to identify the Doe Defendants. (ECF No. 45.) In that order, the Court indicated that the discovery
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and dispositive motion deadline will have to be extended after service of the newly identified
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defendants. (Id.) Defendant Etchebehere now seeks clarification as to whether the Court intends to
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issue a new discovery and dispositive motion deadlines for all defendants, including her, or for only
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the “Doe” defendants. (ECF No. 48.) Defendant further requests “[i]n the event the Court does not
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intend to simultaneously issue new discovery and dispositive motion deadlines for Defendant
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Etchebehere, she alternatively moves for an order modifying the Discovery and Scheduling Order.
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(ECF Nos. 14, 38.) Specifically, Defendant requests that the Court vacate the discovery deadline
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(December 10, 2015) and the dispositive motion deadline (February 10, 2016) and reset those
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deadlines after all the “Doe” defendants have been served with, and have answered, the operative
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complaint.” (ECF No. 48, Motion at 2:1-6.)
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On November 6, 2015, Plaintiff filed a motion to extend the discovery deadline in light of
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identifying the “Doe” defendants. Although Plaintiff’s motion was deemed filed on November 6,
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2015, it was not entered in to the Court’s electronic case filing system until November 12, 2015. (ECF
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No. 46.)
Based on the fact that the Court has granted Plaintiff leave to amend to identify the “Doe”
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defendants and the fact that defense counsel seeks to file only one motion for summary judgment on
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behalf of all defendants, the Court will vacate and discovery and dispositive motion deadlines and re-
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set the deadlines once the “Doe” defendants have been served and answered the operative complaint.
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Based on the foregoing, it is HEREBY ORDERED that:
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deadlines are GRANTED; and
2.
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The parties’ request to extend and/or vacate the discovery and dispositive motions
The discovery and dispositive motion deadlines set forth in the Court’s September 18,
2014, scheduling order are VACATED.
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IT IS SO ORDERED.
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Dated:
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November 24, 2015
UNITED STATES MAGISTRATE JUDGE
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