Villery v. Garcia et al

Filing 34

ORDER Granting Defendant's 31 Motion to Extend the Deadline to File an Exhaustion-Related Motion for Summary Judgment signed by Magistrate Judge Stanley A. Boone on 05/05/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARED VILLERY,

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Plaintiff,
v.
EDWARD GARCIA, et al.,
Defendants.

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Case No.: 1:15-cv-00936-LJO-SAB (PC)
ORDER GRANTING DEFENDANTS’ MOTION
TO EXTEND THE DEADLINE TO FILE AN
EXHAUSTION-RELATED MOTION FOR
SUMMARY JUDGMENT
[ECF No. 31]

Plaintiff Jared Villery is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Defendants’ motion to extend the deadline to file an exhaustion-

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related motion for summary judgment, filed May 4, 2016. Defendants Brian Da Gama, Ryan Miller

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and David Stewart are represented to Deputy Attorney General, Danielle R. Hemple. Defendants

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George Rodriguez, Bryan Lindsey and Edward Granillo are represented by Susan E. Coleman and

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Mitchell A. Wrosch. Defendants Da Gama, Miller and Stewart request to extend the deadline from

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May 4, 2016, to October 4, 2016 (discovery deadline), to file an exhaustion-related motion.

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Defendants seek the extension in order to use “information obtained during the discovery period to

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fully evaluate the exhaustion affirmative defense and to raise it in a properly supported motion for

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summary judgment, if appropriate.” (ECF No. 31, Mot. at 3.) Defendants specifically seek to take

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Plaintiff’s deposition which counsel indicates to take prior to the discovery deadline.
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Defendants Rodriguez, Lindsey and Granillo filed a partial motion for summary judgment

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based on Plaintiff’s failure to exhaust the administrative remedies on May 4, 2016-the deadline to file

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such motion. (ECF No. 33.)

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In consideration of judicial efficiency, the Court finds an extension of 60 days for Defendants

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Da Gama, Miller and Stewart to file an exhaustion-related motion for summary judgment is sufficient

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in this case. Accordingly, on the basis of good cause, Defendants Da Gama, Miller and Stewart are

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GRANTED to and including July 5, 2016, to file an exhaustion-related motion.

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IT IS SO ORDERED.
Dated:

May 5, 2016
UNITED STATES MAGISTRATE JUDGE

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