Sahibi v. Gonzales. et al.

Filing 61

ORDER GRANTING 60 Joint Motion to Modify the Discovery and Scheduling Order signed by Magistrate Judge Michael J. Seng on 11/1/2016. Discovery Cut-Off: 12/2/2016. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 OUSSAMA SAHIBI, 11 12 13 14 15 Plaintiff, v. BORJAS GONZALES, et al., Defendants. CASE No. 1:15-cv-01581-LJO-MJS (PC) ORDER GRANTING JOINT MOTION TO MODIFY THE DISCOVERY AND SCHEDULING ORDER (ECF No. 60) DECEMBER 2, 2016 DISCOVERY CUTOFF 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s 19 Eighth Amendment excessive force claim against Defendants Brandon Cope, Borjas 20 Gonzales, Mario Lozano, Howard Smith, and Stan, and on a Fourteenth Amendment 21 due process claim against Defendant Crounse. 22 On October 4, 2016, Defendant Crounse filed a motion to extend the discovery 23 and dispositive motion deadlines for ninety days. (ECF No. 51.) The remaining 24 Defendants joined in the motion. (ECF No. 52.) The Court denied the motion on 25 November 1, 2016, without prejudice to Defendants filing a limited motion for extension 26 of time to take Plaintiff’s deposition. (ECF No. 58.) 27 28 1 1 Before the Court is Defendants’ joint motion to modify the discovery and 2 scheduling order. (ECF No. 60.) Defendants seek to extend the discovery cut-off to 3 December 2, 2016 for purposes of taking Plaintiff’s deposition. Defendants have 4 contacted Plaintiff’s institution and confirmed their ability to take Plaintiff’s deposition 5 within this time period. 6 Good cause having been shown, Defendants’ motion is HEREBY GRANTED. The 7 discovery cut-off is HEREBY EXTENDED to December 2, 2016 for the limited purpose of 8 taking Plaintiff’s deposition. 9 10 11 IT IS SO ORDERED. Dated: November 1, 2016 /s/ 12 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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