Sakellaridis v. Cabrera

Filing 36

ORDER GRANTING IN PART 34 Defendant's Motion to Modify Scheduling Order as to Dispositive Motion Deadline and ORDER STAYING Dispositive Motion Deadline Pending Resolution of Defendant's Exhaustion Motion signed by Magistrate Judge Michael J. Seng on 4/18/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 VASILIS SAKELLARIDIS, Plaintiff, 15 v. 16 17 Case No. 1:15-cv-01776-DAD-MJS (PC) ORDER GRANTING IN PART DEFENDANT’S MOTION TO MODIFY SCHEDULING ORDER AS TO DISPOSITIVE MOTION DEADLINE J. CABRERA, (ECF Nos. 34) Defendant. 18 DISPOSITIVE MOTION DEADLINE STAYED PENDING RESOLUTION OF DEFENDANT’S EXHAUSTION MOTION 19 20 21 Plaintiff Vasilis Sakellaridis, a state prisoner proceeding pro se and in forma 22 23 24 25 26 27 28 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on November 24, 2015. (ECF No. 1.) Plaintiff’s complaint proceeds against Defendant J. Cabrera for retaliation in violation of the First Amendment of the United States Constitution. On February 1, 2017, this Court issued findings and recommendations to grant Defendant’s motion for summary judgment on exhaustion grounds. (ECF No. 29.) Those findings are currently pending before the District Judge assigned to this case. 1 Pending before the Court is Defendant’s April 4, 2017 motion for a sixty (60) day 2 extension of the dispositive motion deadline, currently set for April 24, 2017. (ECF No. 3 34.) Should the District Judge decline to adopt the findings and recommendations, 4 Defendant intends to file a substantive motion for summary judgment. (Decl. of E. Rhoan 5 in Supp. of Mot. to Modify Sched. Order (ECF No. 34 at 2.)) 6 The Court may modify its scheduling order upon a showing of good cause. Fed. 7 R. Civ. P. 16(b)(4). The Court finds that good cause exists to grant Defendant’s motion 8 to modify the scheduling order. However, the Court finds it appropriate to stay the 9 dispositive motion deadline pending the outcome of Defendant’s exhaustion motion. 10 For the foregoing reasons, IT IS HEREBY ORDERED: 11 1. Defendant’s motion to modify the scheduling order as to the dispositive motion 12 deadline (ECF No. 34) is GRANTED in part; and 13 2. The Court hereby STAYS the dispositive motion deadline, currently set for April 14 24, 2017, until 30 days after the District Judge issues his Order on Defendant’s 15 exhaustion motion. 16 17 18 19 IT IS SO ORDERED. Dated: April 18, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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