Castaneda v. CDCR et al

Filing 64

ORDER GRANTING Defendants' 63 Motion to Modify Discovery and Scheduling Order; The Pre-trial Dispositive Motion Deadline is VACATED, to be Reset if and when appropriate, signed by Magistrate Judge Sheila K. Oberto on 12/23/2019. (Orozco, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS BONILLA CASTANEDA,

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Plaintiff,
v.
SHERMAN, et al.,

1:16-cv-01562-LJO-SKO (PC)
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY DISCOVERY
AND SCHEDULING ORDER
(Doc. 63)

Defendants.

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Defendants move to modify the Court’s discovery and scheduling order pursuant to

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Federal Rule of Civil Procedure 16. (Doc. 63.) Defendants request that the pre-trial dispositive

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motion deadline be stayed until after the Court rules on Defendants’ pending motion for summary

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judgment (MSJ) based on failure to exhaust. (Id.) Currently, the dispositive motion deadline is

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January 6, 2020. (Doc. 55 at 3.) The deadline for Plaintiff to file an opposition or statement of

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non-opposition to Defendants’ motion to modify the scheduling order has not yet passed;

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however, the Court finds neither necessary here and deems the motion submitted.

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The defendants filed their exhaustion-based MSJ on August 29, 2019. (Doc. 56.) On

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September 16, 2019, the Court granted Plaintiff an extension of time to file an opposition to

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Defendants’ motion. (Doc. 58.) Plaintiff filed an opposition on November 6, 2019, and

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Defendants filed a reply. (Docs. 60-62.)

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Defendants contend that adjudication of their MSJ may dispose of Plaintiff’s claims

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against six of the seven defendants. (Doc. 56-2 at 3). They therefore contend that the Court should

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stay the dispositive motion deadline to avoid having the parties prepare another dispositive

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motion on behalf of all the defendants before the current one is adjudicated. (Id.) As stated above,

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the current dispositive motion deadline is January 6, 2020—approximately two weeks away.
The Court finds good cause to grant Defendants’ request. Accordingly, the Court

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ORDERS:
1. Defendants’ motion to modify the discovery and scheduling order, (Doc. 63), is

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GRANTED.

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2. The pre-trial dispositive motion deadline is VACATED, to be reset if and when

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appropriate.

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IT IS SO ORDERED.
Dated:

December 23, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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