Holguin v. Wicks

Filing 50

ORDER LIFTING STAY of Proceedings; ORDER AMENDING August 14, 2017 38 Discovery and Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO HOLGUIN,

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Plaintiff,

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v.

Case No. 1:16-cv-00346-DAD-BAM (PC)
ORDER LIFTING STAY OF PROCEEDINGS
ORDER AMENDING AUGUST 14, 2017
DISCOVERY AND SCHEDULING ORDER

R.WICKS,

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Defendant.

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Plaintiff Pablo Holguin (“Plaintiff”) is a state prisoner proceeding in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s

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Fourteenth Amendment due process claim against Defendant Wicks based on the alleged denial

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of Plaintiff’s right to call an identified witness in his defense at his prison disciplinary hearing.
On August 22, 2017, the Court identified this case as an appropriate case for the post-

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screening ADR (Alternative Dispute Resolution) project, and stayed the action to allow the

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parties an opportunity to settle their dispute before the discovery process begins.
A settlement conference before Magistrate Judge Stanley A. Boone was held on

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November 14, 2017. (ECF No. 49.) The Court is informed that the case did not settle. This case

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is now ready to proceed.

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Accordingly, IT IS HEREBY ORDERED that:

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The stay of this action (ECF No. 40) is LIFTED; and

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The parties may proceed with discovery pursuant to the August 14, 2017 discovery

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and scheduling order (ECF No. 38) in this matter. The provisions of that order remain the same,

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except that the deadlines in that order are extended as follows: The deadline for any stipulations

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or motions to amend the pleadings is May 15, 2018. The deadline for filing motions for summary

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judgment under Federal Rule of Civil Procedure 56 for failure to exhaust administrative remedies

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is February 12, 2018. The deadline for the completion of all discovery, including filing all

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motions to compel discovery, is July 13, 2018. The deadline for filing all dispositive motions

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(other than a motion for summary judgment for failure to exhaust) is September 24, 2018.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 15, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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