Luna v. Moon, et al.

Filing 56

ORDER GRANTING Defendant's 53 Request to Vacate the Current Discovery and Scheduling Order to Reissuance, if necessary, after Resolution of the Pending Exhaustion-Related Motion for Summary Judgment signed by Magistrate Judge Stanley A. Boone on 10/16/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD LUNA,

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Plaintiff,
v.
DR. MOON, et al.,
Defendants.

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Case No.: 1:16-cv-00313-LJO-SAB (PC)
ORDER GRANTING DEFENDANT’S REQUEST
TO VACATE THE CURRENT DISCOVERY AND
SCHEDULING ORDER TO REISSUANCE, IF
NECESSARY, AFTER RESOLUTION OF THE
PENDING EXHAUSTION-RELATED MOTION
FOR SUMMARY JUDGMENT
[ECF No. 53]

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Plaintiff Edward Luna is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s second amended

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complaint against Defendants Ulit, Moon, and Wang for deliberate indifference to a serious medical

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need in violation of the Eighth Amendment.

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On August 1, 2018, Defendants filed a motion for summary judgment pursuant to Federal Rule

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of Civil Procedure 56 for the failure to exhaust available administrative remedies. (ECF No. 43.)

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Under the Court’s March 30, 2018 discovery and scheduling order, (ECF No. 33), modified on May

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22, 2018 (ECF No. 38), discovery closes on November 30, 2018, and dispositive motions are due on

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or before February 7, 2019.

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Currently before the Court is Defendants’ request to vacate the current discovery and

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scheduling order, pending the outcome of the pending motion for summary judgment. (ECF No. 53.)

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Defendants have not yet noticed Plaintiff’s deposition because of the pending exhaustion motion, as
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the motion may narrow the grounds upon which this case proceeds, and the ruling on the motion may

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affect the scope of any additional motions for summary judgment.
Good cause having been presented to the Court, it is HEREBY ORDERED that Defendants’

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motion is granted. The Court will issue, if necessary, a modified discovery and scheduling order after

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resolution of the pending exhaustion-related motion for summary judgment.

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IT IS SO ORDERED.

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Dated:

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October 16, 2018
UNITED STATES MAGISTRATE JUDGE

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