Torres v. Diaz et al

Filing 156

AMENDED SCHEDULING ORDER, signed by Magistrate Judge Stanley A. Boone on 9/15/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN MATIAS TORRES,

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Plaintiff,

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v.
RALPH M. DIAZ, et al.,

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Defendants.

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Plaintiff Juan Matias Torres is appearing pro se and in forma pauperis in this civil rights action

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) Case No.: 1:14-cv-00492-DAD-SAB (PC)
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) AMENDED SCHEDULING ORDER
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) [ECF Nos. 32, 63, 102]
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pursuant to 42 U.S.C. § 1983.

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I.

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RELEVANT PROCEDURAL BACKGROUND
On May 5, 2015, Defendants Harris, R. Garza, Arnold, and Pallares filed a motion for

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summary judgment for lack of exhaustion of the administrative remedies.1 (ECF No. 47.) On May

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22, 2015, Defendant Fernandez filed a motion for judgment on the pleadings. (ECF No. 58.)
On June 26, 2015, Plaintiff filed an opposition to Defendants’ motion for summary judgment

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for lack of exhaustion. (ECF No. 78.) Defendants filed a reply on July 29, 2015. (ECF No. 89.)

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Plaintiff filed a surreply on September 3, 2015. (ECF No. 98.)

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Defendant B. Garza did not move for summary judgment.

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On July 30, 2015, Plaintiff filed an opposition to Defendant Fernandez’s motion for judgment

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on the pleadings. (ECF No. 90.) Defendant Fernandez filed a reply on September 8, 2015. (ECF No

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99.) Plaintiff filed a surreply on October 8, 2015. (ECF No. 103.)

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On October 5, 2015, Defendants filed a motion to modify the discovery and scheduling order

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and extend the discovery and dispositive motion deadlines for sixty days following the resolution of

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their exhaustion-related motion for summary judgment and motion for judgment on the pleadings.

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(ECF No. 101.) The Court granted Defendants’ motion on October 6, 2015, and stayed all merits-

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based discovery pending resolution of Defendants’ motions, granted Defendants sixty days following

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the final ruling on their motions to respond to Plaintiff’s outstanding merits-based discovery requests,

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and indicated a new scheduling order would issue modifying the discovery cut-off date and dispositive

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motion deadline. (ECF No. 102.)

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On October 22, 2015, Plaintiff filed a motion requesting additional discovery in order to
oppose Defendants’ motion for summary judgment relating to exhaustion. (ECF No. 105.)
On October 30, 2015, Plaintiff filed a motion to amend the complaint and motion for protective

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order to stay ruling on Defendant Fernandez’s motion for judgment on the pleadings. (ECF Nos. 106,

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107.) Defendants filed an opposition to Plaintiff’s motions on November 20, 2015. (ECF Nos. 110,

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111.) Plaintiff filed a reply on December 11, 2015. (ECF No. 115.)

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Plaintiff filed a subsequent motion for leave to file an amended complaint on November 23,

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2015. (ECF No. 112.) Defendants filed an opposition on December 14, 2015. (ECF No. 116.)

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Plaintiff filed a reply to Defendants’ opposition on January 15, 2016. (ECF No. 121.)

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On January 6, 2016, Plaintiff filed a motion to amend the complaint, and a motion to add one

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additional page, along with a third amended complaint which was lodged by the Court. (ECF Nos.

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117-119.)

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On February 1, 2016, the Court issued Findings and Recommendations regarding Defendant

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Fernandez’s motion for judgment on the pleadings, Defendants’ exhaustion-related motion for

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summary judgment, and Plaintiff’s motion for discovery and motions to amend. (ECF No. 123.)

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On September 8, 2016, the Court denied in part and granted in part Defendant Fernandez’s

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motion for judgment on the pleadings, denied Defendants’ exhaustion related motion for summary
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judgment, denied Plaintiff’s motion for discovery and granted in part and denied in part Plaintiff’s

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motion to amend the complaint. (ECF No. 155.)

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II.

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ORDER

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Accordingly, following the resolution and denial of Defendants’ motions and in accordance

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with the order staying the scheduling order, the discovery and scheduling order filed on February 5,

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2015, is HEREBY AMENDED as follows:

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1.

The deadline for amending the pleadings is December 15, 2016;

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2.

The deadline for the completion of all discovery, including filing motions to compel, is
March 15, 2017;

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3.

The deadline for filing pretrial dispositive motions is June 15, 2017;

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4.

Pursuant to the Court’s October 6, 2015 (ECF No. 102), order Defendants have sixty

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days from the date of service of this order to file responses to Plaintiff’s outstanding

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discovery requests; and
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All other provisions of the Court’s February 5, 2015, discovery and scheduling order
remain in full force and effect.

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IT IS SO ORDERED.

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Dated:

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September 15, 2016
UNITED STATES MAGISTRATE JUDGE

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