Robertson v. Garcia et al.

Filing 58

ORDER Lifting Stay of Discovery and Resetting Discovery and Dispositive Motion Deadlines signed by Magistrate Judge Barbara A. McAuliffe on 06/15/2022. Discovery due by 9/13/2022. Dispositive Motions filed by 11/28/2022.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE JEROME ROBERTSON, 12 Plaintiff, 13 v. 14 GARCIA, et al., 15 Defendants. Case No. 1:17-cv-01022-DAD-BAM (PC) ORDER LIFTING STAY OF DISCOVERY AND RESETTING DISCOVERY AND DISPOSITIVE MOTION DEADLINES Discovery Deadline: September 13, 2022 Dispositive Motion Deadline: November 28, 2022 16 Plaintiff Wayne Jerome Robertson (“Plaintiff”) is a state prisoner proceeding pro se in this 17 18 civil rights action pursuant to 42 U.S.C. § 1983. 19 On May 21, 2019, the Court granted Defendants’ application to stay discovery and 20 continue the deadlines in the Court’s discovery and scheduling order pending disposition of their 21 motion for partial summary judgment based on Plaintiff’s failure to exhaust administrative 22 remedies. (ECF No. 48.) The undersigned issued findings and recommendations to grant 23 Defendants’ motion for partial summary judgment on May 9, 2022. (ECF No. 56.) The assigned District Judge adopted the findings and recommendations in full on June 14, 24 25 2022. (ECF No. 57.) This action now proceeds on Plaintiff’s first amended complaint against 26 Defendant Garcia for excessive force in violation of the Eighth Amendment for spraying Plaintiff 27 with OC spray on January 24, 2017. (Id.) 28 /// 1 1 Accordingly, the Court finds it appropriate and necessary to lift the stay of discovery and 2 reset the discovery and dispositive motion deadlines. Fed. R. Civ. P. 16. 3 Based on the foregoing, IT IS HEREBY ORDERED that: 4 1. The stay of discovery is LIFTED; 5 2. The deadline for the completion of all discovery, including filing all motions to 6 compel discovery, shall be September 13, 2022. Absent good cause, discovery 7 motions will not be considered if filed after the discovery deadline. Therefore, 8 discovery requests and deposition notices must be served sufficiently in advance of the 9 discovery deadline to permit time for a response and time to prepare and file a motion 10 11 to compel; 3. The deadline for filing all dispositive motions (other than a motion for summary 12 13 judgment for failure to exhaust) shall be November 28, 2022; and 4. Any request for an extension of these deadlines must be filed on or before the 14 expiration of the deadline. However, the parties are advised that an extension of time 15 will only be granted upon a clear showing of good cause. 16 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara June 15, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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