Trujillo v. Biter
Filing
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ORDER After Initial Scheduling Conference signed by Magistrate Judge Erica P. Grosjean on 6/15/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:14-cv-01370-LJO-EPG (PC)
GUILLERMO CRUZ TRUJILLO,
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Plaintiff,
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v.
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ORDER AFTER INITIAL SCHEDULING
CONFERENCE
GOMEZ, et al.,
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Defendants.
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Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 14, 2017, the
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Court held an Initial Scheduling Conference (“Conference”). Plaintiff telephonically appeared
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on his own behalf. Counsel Derrek Lee telephonically appeared on behalf of Defendants.
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During the conference, the parties discussed Defendants’ intention to file a motion to
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dismiss or motion for summary judgment for non-exhaustion. All parties confirmed that no
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further discovery was needed regarding this issue.
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regarding his issue. Without deciding this issue, this Court determined that the issue of non-
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exhaustion should be resolved before the case proceeds in full.
For the reasons stated on the record at the Conference, IT IS HEREBY ORDERED
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The parties discussed their positions
THAT:
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1. Defendants have sixty days from the day of service of this order to file a
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motion based on Plaintiff’s alleged failure to exhaust administrative
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remedies. The Court will not open discovery or set a schedule in this case
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until that motion is resolved (unless the deadline passes and no such motion
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is filed);
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2. Defendant Juarez has ten days from the date of service of this order to file an
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answer; and
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3. The extent Defendant Juarez’s Motion and Notice for Joinder (ECF No. 75)
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was titled a “Motion”, that motion is treated as WITHDRAWN. The Notice
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portion of that document remains, but does not require further Court action.
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IT IS SO ORDERED.
Dated:
June 15, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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