Trujillo v. Biter

Filing 77

ORDER After Initial Scheduling Conference signed by Magistrate Judge Erica P. Grosjean on 6/15/2017. (Sant Agata, S)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 Case No. 1:14-cv-01370-LJO-EPG (PC) GUILLERMO CRUZ TRUJILLO, 7 Plaintiff, 8 v. 9 ORDER AFTER INITIAL SCHEDULING CONFERENCE GOMEZ, et al., 10 Defendants. 11 12 13 Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma 14 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 14, 2017, the 15 Court held an Initial Scheduling Conference (“Conference”). Plaintiff telephonically appeared 16 on his own behalf. Counsel Derrek Lee telephonically appeared on behalf of Defendants. 17 During the conference, the parties discussed Defendants’ intention to file a motion to 18 dismiss or motion for summary judgment for non-exhaustion. All parties confirmed that no 19 further discovery was needed regarding this issue. 20 regarding his issue. Without deciding this issue, this Court determined that the issue of non- 21 exhaustion should be resolved before the case proceeds in full. For the reasons stated on the record at the Conference, IT IS HEREBY ORDERED 22 23 The parties discussed their positions THAT: 24 1. Defendants have sixty days from the day of service of this order to file a 25 motion based on Plaintiff’s alleged failure to exhaust administrative 26 remedies. The Court will not open discovery or set a schedule in this case 27 until that motion is resolved (unless the deadline passes and no such motion 28 is filed); 1 1 2. Defendant Juarez has ten days from the date of service of this order to file an 2 answer; and 3 3. The extent Defendant Juarez’s Motion and Notice for Joinder (ECF No. 75) 4 was titled a “Motion”, that motion is treated as WITHDRAWN. The Notice 5 portion of that document remains, but does not require further Court action. 6 7 8 IT IS SO ORDERED. Dated: June 15, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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