Baker v. Cacoa et al

Filing 58

ORDER AMENDING 36 October 5, 2017, Discovery and Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 2/20/2018. Renewed Motion for Summary Judgment due by 3/16/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE BAKER,

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Plaintiff,

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v.

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S. CACOA, et al.,

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Defendants.

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Case No.: 1:15-cv-00693-AWI-BAM (PC)
ORDER AMENDING OCTOBER 5, 2017
DISCOVERY AND SCHEDULING ORDER
(ECF No. 36)

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Plaintiff Mike Baker is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
On October 27, 2017, Defendants Cacoa, Guizar, Ponce De Leon, Singh, and Vasquez filed a

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motion for summary judgment for the failure to exhaust administrative remedies. (ECF No. 39.)

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Defendants also sought a stay of non-exhaustion discovery, (id), which was granted on November 20,

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2017, (ECF No. 43.)

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On November 29, 2017, Plaintiff filed a motion to identify Defendant “Jane Doe” as “D.

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Osuma.” (ECF No. 44.) On January 3, 2018, the Court granted Plaintiff’s motion, and directed him to

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submit a second amended complaint to substitute “D. Osuma” for “Jane Doe” in his allegations. (ECF

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No. 47.) On January 11, 2018, the Court also granted a stay of Defendants’ motion for summary

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judgment to allow Plaintiff to conduct exhaustion-related discovery. (ECF No. 50.)
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On January 26, 2018, Plaintiff filed a second amended complaint. (ECF No. 51.) That same

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day, Defendants filed a notice of withdrawal of their October 27, 2017 motion for summary judgment.

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(ECF No. 52.) Defendants stated that they would await the Court’s screening of the second amended

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complaint, and would subsequently answer the second amended complaint and re-file their motion for

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summary judgment. (Id.) Defendants also continued to prepare responses to Plaintiff’s discovery

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requests pursuant to the Court’s January 11, 2018 order. (Id.)

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On January 30, 2018, the Court directed the Clerk of the Court to terminate Defendants’

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October 27, 2017 summary judgment motion pursuant to the notice of withdrawal. (ECF No. 53.) That

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same day, the Court screened the second amended complaint, ordered it filed, and found it appropriate

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for service on Defendant D. Osuma. (ECF No. 54.) Service on Defendant Osuma is currently

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underway. (ECF No. 56.)
On February 16, 2018, Defendants Cacoa, Guizar, Ponce De Leon, Singh, and Vasquez filed

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an answer to the second amended complaint.
To ensure that this matter continues to move ahead in a timely manner, the Court finds it

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appropriate to amend the discovery and scheduling order and address the previously instituted stay of

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discovery. Defendants’ summary judgment motion for the failure to exhaust administrative remedies,

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upon which the discovery stay was predicated, is no longer pending. However, the Court understands

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that Defendants intend to renew their motion and their request to stay non-exhaustion discovery while

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the renewed motion is pending. As a result, the Court will set a reasonable deadline for the renewed

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motion, and will continue the stay of non-exhaustion discovery. If no motion is filed by the new

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deadline, the stay shall be lifted, and discovery in this matter shall proceed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Federal Rule of Civil Procedure 56 for failure to exhaust administrative remedies, is March 16, 2018;
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All other provisions of the October 5, 2017 discovery and scheduling order remain the

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The deadline for Defendants to file their renewed motion for summary judgment under

Non-exhaustion discovery remains stayed in this action, pending further order of the

same;

Court; and
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If Defendants do not file any motion for summary judgment for the failure to exhaust

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administrative remedies by the deadline set above, the Court shall issue an order lifting the stay of

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discovery in this matter and amending the remaining deadlines in the October 5, 2017 discovery and

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scheduling order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 20, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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