Flynn v. Canlas, et al.
Filing
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ORDER Granting Defendants' Second Request for Extension of Time to File Motion for Summary Judgment re 44 , signed by Magistrate Judge Barbara A. McAuliffe on 8/21/18. Dispositive Motions Due by 9/14/2018. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID FLYNN,
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Case No. 1:16-cv-01052-AWI-BAM (PC)
Plaintiff,
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v.
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ORDER GRANTING DEFENDANTS’
SECOND REQUEST FOR EXTENSION OF
TIME TO FILE MOTION FOR SUMMARY
JUDGMENT
CANLAS, et al.,
(ECF No. 44)
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Defendants.
Dispositive Motion Deadline: September 14,
2018
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Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff was a prisoner at
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the time this action was initiated. This action proceeds against Defendant Maddox for deliberate
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indifference to serious medical needs in violation of the Eighth Amendment.
Pursuant to the Court’s May 23, 2018 order, the deadline for filing all dispositive motions
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(other than a motion for summary judgment for failure to exhaust) is July 27, 2018. (ECF No.
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38.)
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Currently before the Court is Defendant Maddox’s second request for an extension of the
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dispositive motion deadline. (ECF No. 44.) Defendant explains that defense counsel only
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recently located Defendant Maddox in order to evaluation the potential merits of a summary
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judgment motion on her behalf, and has determined that a motion for summary judgment is
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appropriate. Defendant therefore requests an extension of the dispositive motion deadline to
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September 14, 2018. (Id.) Plaintiff has not yet had the opportunity to file a response, but the
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Court finds a response is unnecessary. The motion is deemed submitted. Local Rule 230(l).
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Upon review of the request, the Court finds that Defendant has shown good cause for
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modifying the scheduling order in this matter. Fed. R. Civ. P. 16(b)(4). Given the outstanding
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discovery responses due from Defendant Maddox, the Court finds that Plaintiff will not be
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prejudiced by the brief extension requested here.
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Accordingly, IT IS HEREBY ORDERED as follows:
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1. Defendant’s motion for extension of time, (ECF No. 44), is GRANTED; and
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2. All dispositive motions (other than a motion for summary judgment for failure to
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exhaust) shall be filed on or before September 14, 2018.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
August 21, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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