Harris v. German et al

Filing 65

ORDER Reopening Discovery and Setting New Deadlines, signed by Magistrate Judge Gary S. Austin on 4/24/2019. ( Discovery due by 8/30/2019 and Dispositive Motions filed by 10/30/2019)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE HARRIS,

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Plaintiff,

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vs.
HUMBERTO GERMAN, et al.,

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Defendants.

1:15-cv-01462-DAD-GSA-PC
SCHEDULING ORDER
ORDER REOPENING DISCOVERY AND
SETTING NEW DEADLINES
New discovery deadline: 08/30/2019
New dispositive motions deadline: 10/30/2019

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Devonte Harris (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the First

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Amended Complaint filed by Plaintiff on March 14, 2016, against defendants Correctional

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Officer (C/O) Humberto German, C/O Philip Holguin, and C/O R. Bunitzki (collectively,

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“Defendants”), for use of excessive force in violation of the Eighth Amendment; and, against

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defendant C/O Philip Holguin for retaliation in violation of the First Amendment. (ECF No.

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8.)

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On March 19, 2018, the court issued a discovery and scheduling order setting out

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deadlines for the parties, including a deadline for completion of discovery and a deadline for

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filing dispositive motions. (ECF No. 37.) On September 21, 2018 and December 26, 2018, on
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Plaintiff’s motions, the court extended the discovery and dispositive motions deadlines. (ECF

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No. 43, 56.) The deadlines have now expired.

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On April 24, 2019, the court issued an order denying Defendants’ motion for summary

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judgment, without prejudice, and referring this case back to the magistrate judge for further

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proceedings, including issuance of a new scheduling order. Accordingly, discovery shall be

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reopened, and new deadlines shall be set by this order, as follows.

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The new deadline for completion of discovery, including the filing of motions to

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compel, is August 30, 2019. The new deadline for the parties to file dispositive motions is

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October 30, 2019.

All other provisions of the court’s discovery and scheduling order issued

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on March 19, 2018, remain the same.

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IV.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Discovery is reopened in this case, for all parties to this action;

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2.

The new deadline for completion of discovery, including the filing of motions to

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compel, is August 30, 2019;

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3.

The new deadline for the parties to file dispositive motions is October 30, 2019;

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4.

All other provisions of the discovery and scheduling order issued on March 19,

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2018, remain the same; and
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Extension of the deadlines established by this order shall not be extended
absent good cause.

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IT IS SO ORDERED.
Dated:

April 24, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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