Trujillo v. Munoz

Filing 75

ORDER Following Continued Initial Scheduling Conference signed by Magistrate Judge Erica P. Grosjean on 05/09/2019. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GUILLERMO CRUZ TRUJILLO,

12
13

Case No. 1:14-cv-00976-LJO-EPG (PC)

Plaintiff,

ORDER FOLLOWING CONTINUED
INITIAL SCHEDULING CONFERENCE

v.

14
15

(ECF NOS. 55, 56, & 61)

MUNOZ and ALVAREZ,
Defendants.

16
17

Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18

pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On May 8, 2019, the

19

Court held an Initial Scheduling Conference (“Conference”). Plaintiff telephonically appeared

20

on his own behalf. Counsel Lucas Hennes telephonically appeared on behalf of defendant

21

Alvarez. Counsel James Mathison telephonically appeared on behalf of defendants Alverez

22

and Munoz in related case 1:14-cv-01215, which has now been consolidated with this case

23

(ECF No. 65).

24

For the reasons stated on the record, IT IS ORDERED that:

25

1. The deadlines set in Case No. 1:14-cv-01215, ECF No. 58, are VACATED.

26

Discovery is stayed pending the ruling on Defendants’ motion for summary

27

judgment (ECF No. 70). If the motion for summary judgment is denied in

28

whole or in part, or if the Court determines that an evidentiary hearing is
1

1

necessary, the Court will reset the Scheduling Conference.

2

2. Plaintiff’s motions to compel (ECF No. 61) are DENIED without prejudice.

3

3. Plaintiff’s motion for permission to start discovery (ECF No. 56) is DENIED

4

without prejudice.
4. Plaintiff’s “Motion and Motion to Attached Grievances and Other Exhibits

5
6

Under Fed. R. Civ. P 10(c)” (ECF No. 55) is GRANTED in part. The motion is

7

granted insofar as the Court will consider the attached documents to have been

8

served on Defendants. Additionally, the motion is granted insofar as the Court

9

will consider the motion and attached documents when considering the motion

10

for summary judgment (ECF No. 70).
5. Plaintiff’s motion for appointment of counsel (ECF No. 61, pgs. 8-9) is

11
12

DENIED without prejudice.

13
14
15

IT IS SO ORDERED.
Dated:

May 9, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2