Lopez v. North Kern State Prison et al

Filing 28

ORDER LIFTING STAY of Proceedings; ORDER VACATING June 28, 2018 Settlement Conference before Magistrate Judge Boone; ORDER REINSTATING Briefing on Pending Motions; Twenty-One (21) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 4/20/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODRIGO LOPEZ,

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Plaintiff,
v.
NORTH KERN STATE PRISON, et al.,
Defendants.

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Case No. 1:16-cv-00881-DAD-BAM (PC)
ORDER LIFTING STAY OF PROCEEDINGS
ORDER VACATING JUNE 28, 2018
SETTLEMENT CONFERENCE BEFORE
MAGISTRATE JUDGE BOONE
ORDER REINSTATING BRIEFING ON
PENDING MOTIONS (ECF Nos. 23, 24)
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Rodrigo Lopez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against

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Defendant McDermott for failure to intervene in violation of the Eighth Amendment.

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On April 5, 2018, 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. The Court’s

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order granted Defendant McDermott time to investigate and determine whether to opt out of the

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post-screening ADR project.

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On April 18, 2018, Defendant filed a request to opt out and vacate the settlement

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conference. After reviewing the notice, the Court finds good cause to grant Defendant’s request.

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Therefore, the stay is lifted, and the June 28, 2018 settlement conference is vacated. In addition,
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the Court reinstates briefing on Defendant’s pending motion for summary judgment, (ECF No.

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23), and motion for protective order, (ECF No. 24).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s request to opt out of the post-screening ADR project, (ECF No. 27), is

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GRANTED;

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2. The stay of this action, (ECF No. 26), is LIFTED;

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3. The parties may proceed with discovery pursuant to the April 4, 2018 discovery and

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scheduling order in this matter, (ECF No. 25);

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4. Within twenty-one (21) days from the date of service of this order, Plaintiff shall file

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an opposition or statement of non-opposition to Defendant’s motion for summary

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judgment, (ECF No. 23);

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5. Within twenty-one (21) days from the date of service of this order, Plaintiff shall file

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an opposition or statement of non-opposition to Defendant’s motion for protective

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order, (ECF No. 24); and

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6. Within seven (7) days from the date of filing in CM/ECF of Plaintiff’s response(s) or

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opposition(s), Defendant may file his reply, if any.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 20, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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