York v. Stewart et al

Filing 60

ORDER GRANTING Defendants' 59 Motion to Modify the Discovery and Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 7/17/18. Dispositive Motions deadline: 10/22/2018. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,

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Plaintiff,
v.
G. GARCIA, et al.,
Defendants.

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No.: 1:15-cv-01828-DAD-BAM (PC)
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY THE DISCOVERY
AND SCHEDULING ORDER
[Doc. 59]

Plaintiff Reginald Ray York is a state prisoner proceeding pro se in this civil action
pursuant to 42 U.S.C. § 1983.
On May 21, 2018, Defendants filed a motion for an order terminating this action as a

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sanction for Plaintiff’s failure to respond to discovery and comply with a court order. (Doc. 53.)

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That motion remains pending.

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Currently before the Court is Defendants’ motion to modify the discovery and scheduling

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order, with a declaration in support. (Doc. 59.) The current dispositive motion filing deadline in

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this case is July 23, 2018. (Doc. 45.) Defendants seek to extend the dispositive motion deadline

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until after the Court has ruled on Defendants’ motion for sanctions, because the sanctions motion

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may dispose of the case in its entirety. Alternatively, any evidentiary sanction against Plaintiff

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may affect the preparation of a summary judgment motion.

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The Court finds good cause to modify the discovery and scheduling order under the

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circumstances. Fed. R. Civ. P. 16(b)(4). Because the Court expects a quick determination of the

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pending sanctions motion, the Court will extend the current dispositive motion deadline by

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ninety (90) days.

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Accordingly, Defendants’ motion to modify the discovery and scheduling order, filed on

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July 12, 2018, is HEREBY GRANTED. The deadline for filling a dispositive motion is

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extended until October 22, 2018.

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IT IS SO ORDERED.
Dated:

July 17, 2018

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE