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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WAYNE JEROME ROBERTSON,

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Plaintiff,

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v.

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GARCIA, et al.,

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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

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Plaintiff Wayne Jerome Robertson (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983.

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On May 21, 2019, the Court granted Defendants’ application to stay discovery and

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continue the deadlines in the Court’s discovery and scheduling order pending disposition of their

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motion for partial summary judgment based on Plaintiff’s failure to exhaust administrative

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remedies. (ECF No. 48.) The undersigned issued findings and recommendations to grant

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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,

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2022. (ECF No. 57.) This action now proceeds on Plaintiff’s first amended complaint against

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Defendant Garcia for excessive force in violation of the Eighth Amendment for spraying Plaintiff

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with OC spray on January 24, 2017. (Id.)

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Accordingly, the Court finds it appropriate and necessary to lift the stay of discovery and

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reset the discovery and dispositive motion deadlines. Fed. R. Civ. P. 16.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. The stay of discovery is LIFTED;

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2. The deadline for the completion of all discovery, including filing all motions to

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compel discovery, shall be September 13, 2022. Absent good cause, discovery

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motions will not be considered if filed after the discovery deadline. Therefore,

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discovery requests and deposition notices must be served sufficiently in advance of the

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discovery deadline to permit time for a response and time to prepare and file a motion

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to compel;
3. The deadline for filing all dispositive motions (other than a motion for summary

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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

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expiration of the deadline. However, the parties are advised that an extension of time

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will only be granted upon a clear showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 15, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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