Harris v. German et al
Filing
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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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