Hamilton v. Quinonez et al

Filing 42

ORDER SETTING Dispositive Motions Deadline December 15, 2016 signed by Magistrate Judge Michael J. Seng on 10/31/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDDIE HAMILTON,
Plaintiff,

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v.

Case No. 1:14-cv-01216-LJO-MJS (PC)
ORDER SETTING DISPOSITIVE
MOTIONS DEADLINE OF DECEMBER
15, 2016

J. QUINONEZ, et al.,
Defendants.
Plaintiff, a state prisoner currently incarcerated at the Correctional Training

17 Facility in Soledad, California, proceeds pro se and in forma pauperis in this civil rights
18 action brought pursuant to 42 U.S.C. § 1983. The case proceeds on Plaintiff’s first
19 amended complaint against Defendants J. Quinonez and E. Lozano on Plaintiff’s Eighth
20 Amendment failure to protect claim. (ECF No. 9.)
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Pursuant to the Court’s Discovery and Scheduling Order, the original deadline to

22 file dispositive motions in this case was December 3, 2015. (ECF No. 15.) On motion
23 by Defendants, that deadline was extended to July 15, 2016. (ECF No. 35.)
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On September 20, 2016, the Court issued an order granting in part and denying

25 in part Defendants’ second motion to compel discovery. (ECF No. 40.) Therein, the
26 Court ordered Defendants to file further motions to compel, if any, within fourteen days.
27 Id. The Court also granted Defendants’ request to stay the dispositive motion deadline
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1 pending the resolution of the outstanding discovery issues. Fed. R. Civ. P. 16(b)(4);
2 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (a court may
3 modifying its scheduling order upon a showing of good cause).
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Since the fourteen-day deadline to file a motion to compel has passed without

5 any motion having been filed, it appears outstanding discovery disputes have been
6 resolved.
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Accordingly, the Court sets a December 15, 2016 deadline for filing dispositive

8 motions. No extensions of time will be granted absent a showing of good cause.
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IT IS SO ORDERED.
Dated:

October 31, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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