Applegate v. Trausch

Filing 43

ORDER DISCHARGING ORDER TO SHOW CAUSE 41 AND REOPENING DISCOVERY AND EXTENDING DEADLINES signed by Magistrate Judge Gary S. Austin on 6/8/2017. New deadline for initial disclosures: 07/07/17. New deadline for exhaustion motions: 08/07/2017. New deadline to amend pleadings: 09/07/2017. New discovery deadline: 10/10/2017. New dispositive motions deadline: 12/07/2017.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN APPLEGATE,

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Plaintiff,
v.
CHRISTIAN TRAUSCH,

1:15-cv-00811-AWI-GSA-PC
ORDER DISCHARGING ORDER TO SHOW
CAUSE
(ECF No. 41.)
ORDER REOPENING DISCOVERY AND
EXTENDING DEADLINES

Defendant.
New deadline for initial disclosures:
New deadline for exhaustion motions:
New deadline to amend pleadings:
New discovery deadline:
New dispositive motions deadline:

07/07/17
08/07/2017
09/07/2017
10/10/2017
12/07/2017

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Brian C. Applegate (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 29, 2015, Plaintiff

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filed the Complaint commencing this action. (ECF No. 1.) The case now proceeds with the

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initial Complaint, against Defendant Christian Trausch (“Defendant”), on Plaintiff’s Eighth

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Amendment claim and related state law claims.

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On May 19, 2017, the court issued an order lifting the stay of proceedings for this case

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and requiring Plaintiff to show cause why this case should not be dismissed. (ECF No. 41.)

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On June 7, 2017, Plaintiff filed a response showing cause why this case should not be

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dismissed. (ECF No. 42.) Therefore, the order to show cause shall be discharged.
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Given that the stay of proceedings for this case has been lifted, the court finds good

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cause to reopen discovery and establish new pretrial deadlines for all parties. The parties are

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advised to review the Discovery and Scheduling Order issued on January 12, 2016, which

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remains in force except for the new deadlines established by this order. (ECF No. 10.) The

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new deadline for serving initial disclosures shall be July 7, 2017. The new deadline for filing

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exhaustion motions shall be August 7, 2017. The new deadline to amend pleadings shall be

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September 7, 2017. The new deadline for the parties to conduct discovery, including filing of

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motions to compel, shall be October 10, 2017. The new deadline for filing dispositive motions

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shall be December 7, 2017.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The court’s order to show cause, issued on May 19, 2017, is DISCHARGED;

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2.

The discovery phase for this case is reopened;

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3.

New pretrial deadlines for all parties are established as follows:

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New deadline for serving initial disclosures: July 7, 2017.

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New deadline for filing exhaustion motions: August 7, 2017.

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New deadline to amend pleadings:

September 7, 2017.

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New discovery deadline:

October 10, 2017.

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New deadline for filing dispositive motions: December 7, 2017.

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4.

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All other provisions of the January 12, 2016, Discovery and Scheduling Order
remain the same.

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IT IS SO ORDERED.
Dated:

June 8, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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