Doster v. Beard et al

Filing 28

ORDER GRANTING Defendants' 26 Request to Withdraw Motion to CompelInitial Disclosures; ORDER WITHDRAWING 24 Motion to Compel from Court's Calendar signed by Magistrate Judge Gary S. Austin on 9/27/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01415-DAD-GSA-PC

DAMIAN T. DOSTER,

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ORDER GRANTING DEFENDANTS’
REQUEST TO WITHDRAW MOTION TO
COMPEL INITIAL DISCLOSURES
(ECF No. 26.)

Plaintiff,

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vs.

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BEARD, et al.,

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ORDER WITHDRAWING MOTION TO
COMPEL FROM COURT’S CALENDAR
(ECF No. 24.)

Defendants.

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Damian T. Doster (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended

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Complaint filed on March 25, 2016, against defendants Chief Deputy Warden F. Vasquez,

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Yard Captain P. Llamas, Sgt. Sarah Leon, and Maintenance Engineer Ric Pavich (collectively,

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“Defendants”), on Plaintiff’s claims for adverse conditions of confinement under the Eighth

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Amendment and related negligence claims. (ECF No. 13.) This case is presently in the

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discovery phase.

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On September 6, 2016, Defendants filed a motion to compel Plaintiff to provide initial

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disclosures, and for sanctions. (ECF No. 24.) On September 14, 2016, Defendants filed a

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motion to withdraw the motion to compel. (ECF No. 26.) Defendants state that they received
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Plaintiff’s initial disclosures on September 13, 2016, and as a result, they request to withdraw

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their motion to compel. The Court finds good cause to grant Defendants’ request to withdraw

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the motion from the Court’s calendar.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Defendants’ request to withdraw their motion to compel, filed on September 14,
2016, is GRANTED; and

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Defendants’ motion to compel initial disclosures and for sanctions, filed on
September 6, 2016, is WITHDRAWN from the Court’s calendar.

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IT IS SO ORDERED.
Dated:

September 27, 2016

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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