Bishop v. Lopez, et al.

Filing 125

ORDER GRANTING 122 Defendants' Motion to Modify the Dispositive Motion Deadline signed by Magistrate Judge Stanley A. Boone on 5/5/2016. The dispositive motion deadline is VACATED. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ROBERT BISHOP, 9 Plaintiff, 10 11 v. RAUL LOPEZ, et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-00273-LJO-SAB (PC) ORDER GRANTING DEFENDANTS’ MOTION TO MODIFY THE DISPOSITIVE MOTION DEADLINE [ECF No. 122] 14 Plaintiff Robert Bishop is appearing pro se and in forma pauperis in this civil rights action 15 16 pursuant to 42 U.S.C. § 1983. On May 4, 2016, Defendants filed a motion to modify the dispositive motion deadline. 17 18 Pursuant to the Court’s discovery and scheduling order, the current deadline for filing dispositive 19 motions is May 5, 2016. However, on September 24, 2015, Defendants filed an exhaustion motion for 20 summary judgment which is pending review by the Court. On November 25, 2015, the Court granted 21 Defendants’ request to stay all merits-based discovery. (ECF No. 102.) Defendants submit that in the event their exhaustion-based motion for summary judgment is 22 23 denied, Defendants will need additional time to conduct merit-based discovery and file a merit-based 24 dispositive motion. Therefore, Defendants request a modification of the dispositive motion deadline 25 to seventy-days after the Court resets the merits-based discovery deadline. 26 /// 27 /// 28 /// 1 Good cause having been presented to the Court, the dispositive motion deadline is VACATED 1 2 and a filing date will be reset after the Court issues a new merit-based discovery deadline. 3 4 IT IS SO ORDERED. 5 Dated: 6 May 5, 2016 UNITED STATES MAGISTRATE JUDGE 7 8 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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