Manago v. Davey et al

Filing 128

ORDER VACATING 115 Order Requiring Parties to Inform Court of Status of Plaintiff's Criminal Trial Every Three Months; ORDER LIFTING STAY of Deadlines signed by Magistrate Judge Gary S. Austin on 11/6/2018. New Discovery Deadline: 1/29/2019; New Dispositive Motions Filing Deadline: 3/29/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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vs.

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D. DAVEY, et al.,

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Defendants.

1:16-cv-00399-LJO-GSA-PC
ORDER VACATING ORDER REQUIRING
PARTIES TO INFORM COURT OF STATUS OF
PLAINTIFF’S CRIMINAL TRIAL EVERY
THREE MONTHS
(ECF No. 115.)
ORDER LIFTING STAY OF DEADLINES
(ECF No. 118.)

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New Discovery deadline:

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New Dispositive Motions filing deadline: 03/29/19

01/29/19

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Stewart Manago (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with

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this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds with the

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First Amended Complaint filed by Plaintiff on April 18, 2016, against defendants J. Acevedo,

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D. Davey, A. Maxfield, E. Razo, M.V. Sexton, A. Valdez, and J. Vanderpoel (collectively,

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“Defendants”), on Plaintiff’s First Amendment retaliation claims. (ECF No. 13.)

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On November 5, 2018, the court issued an order vacating the settlement conference

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scheduled for November 6, 2018 at 10:30 a.m. in this case due to the unavailability of a video
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conference at any of the San Bernardino County Jail facilities.1 (ECF No. 127.) In the order,

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defense counsel was directed to advise the court if and when a settlement conference may be

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re-scheduled in this case. (Id.) In light of this order the court shall vacate its order requiring

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the parties to notify the court every three months of the status of Plaintiff’s criminal trial (ECF

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No. 115), and shall lift the stay of deadlines for discovery and the filing of dispositive motions.

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(ECF No. 118).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

the court in writing of the status of Plaintiff’s criminal trial every three months,

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The court’s order issued on April 23, 2018, which required the parties to notify

is VACATED;
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The stay of deadlines for discovery and for filing dispositive motions pending

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resolution of the settlement conference, imposed by the court on May 1, 2018, is

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LIFTED;

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3.

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The new deadline for completion of discovery, including the filing of motions to
compel, is January 29, 2019;

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4.

The new deadline for filing dispositive motions is March 29, 2019; and

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5.

All other provisions of the court’s August 9, 2016, Discovery and Scheduling

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Order remain the same.

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IT IS SO ORDERED.
Dated:

November 6, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Plaintiff is currently detained at the West Valley Detention Center, 9500 N. Etiwanda Ave.,
Rancho Cucamonga, CA 91739, (ECF No. 124), in the custody of the San Bernardino County Sheriff.

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