Robertson v. Garcia et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
WAYNE JEROME ROBERTSON,
GARCIA, et al.,
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,
Plaintiff Wayne Jerome Robertson (“Plaintiff”) is a state prisoner proceeding pro se in this
civil rights action pursuant to 42 U.S.C. § 1983.
On May 21, 2019, the Court granted Defendants’ application to stay discovery and
continue the deadlines in the Court’s discovery and scheduling order pending disposition of their
motion for partial summary judgment based on Plaintiff’s failure to exhaust administrative
remedies. (ECF No. 48.) The undersigned issued findings and recommendations to grant
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,
2022. (ECF No. 57.) This action now proceeds on Plaintiff’s first amended complaint against
Defendant Garcia for excessive force in violation of the Eighth Amendment for spraying Plaintiff
with OC spray on January 24, 2017. (Id.)
Accordingly, the Court finds it appropriate and necessary to lift the stay of discovery and
reset the discovery and dispositive motion deadlines. Fed. R. Civ. P. 16.
Based on the foregoing, IT IS HEREBY ORDERED that:
1. The stay of discovery is LIFTED;
2. The deadline for the completion of all discovery, including filing all motions to
compel discovery, shall be September 13, 2022. Absent good cause, discovery
motions will not be considered if filed after the discovery deadline. Therefore,
discovery requests and deposition notices must be served sufficiently in advance of the
discovery deadline to permit time for a response and time to prepare and file a motion
3. The deadline for filing all dispositive motions (other than a motion for summary
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
expiration of the deadline. However, the parties are advised that an extension of time
will only be granted upon a clear showing of good cause.
IT IS SO ORDERED.
June 15, 2022
UNITED STATES MAGISTRATE JUDGE
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