Perrotte v. Johnson et al

Filing 111

ORDER OVERRULING Plaintiff's Objections to Defendants' Request to Modify the Scheduling Order signed by Magistrate Judge Stanley A. Boone on 11/28/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY P. PERROTTE,

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Plaintiff,
v.
STACEY JOHNSON, et al.,
Defendants.

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Case No. 1:15-cv-00026-LJO-SAB (PC)
ORDER OVERRULING PLAINTIFF’S
OBJECTIONS TO DEFENDANTS’ REQUEST TO
MODIFY THE SCHEDULING ORDER
[ECF Nos. 104, 107, 109]

Plaintiff Jeffrey P. Perrotte is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On November 14, 2017, Defendants filed a motion to modify the discovery and scheduling
order. (ECF No. 104.) Defendants noted that Plaintiff did not oppose the instant motion. (Id.)

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On November 15, 2017, the Court granted Defendants’ request to modify the February 7, 2017

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discovery and scheduling order and extended the discovery and dispositive motion deadlines to March

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16, 2018 and May 28, 2018, respectively. (ECF No. 107.)

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On November 27, 2017, Plaintiff filed objections to Defendants’ November 14, 2017 motion to

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modify the discovery and scheduling order. (ECF No. 109.) In his objections, Plaintiff states that he

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opposes any stay of the discovery in this action pending a ruling on Defendants’ motion for summary

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judgment for failure to exhaust the administrative remedies. (Id.) However, in granting Defendants’

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motion to modify the discovery and scheduling order, the Court did not stay discovery but rather
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extended both the discovery and disposition motion deadlines on the basis of good cause and pending

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a ruling on the exhaustion-related motion for summary judgment. Accordingly, Plaintiff’s objection to

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Defendants’ motion to modify the discovery and scheduling order is overruled.

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IT IS SO ORDERED.

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Dated:

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November 28, 2017
UNITED STATES MAGISTRATE JUDGE

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