(PC) Allen v. Bentacourt, et al.

Filing 75

ORDER resetting close of Discovery and Dispositive Motion Deadlines signed by Magistrate Judge Gary S. Austin on 6/6/2024. Close of Discovery: 8/5/2024. Dispositive Motions due: 10/4/2024. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN ALLEN, 12 Plaintiff, 13 14 No. 1:18-cv-01187 JLT GSA (PC) v. V. BENTACOURT, et al., 15 Defendants. ORDER RESETTING CLOSE OF DISCOVERY AND DISPOSITIVE MOTION DEADLINES Close of Discovery: August 5, 2024 Dispositive Motions Due: October 4, 2024 16 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this 17 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The matter is 20 at the discovery phase of the proceedings. On August 21, 2023, a discovery and scheduling order was issued in this case. ECF No. 21 22 61. In March 2024, an order served on Plaintiff was returned to the Court as undeliverable. 23 Thereafter, in April 2024, because Defendants were uncertain of how to reach Plaintiff they filed 24 a motion to modify the scheduling order, which was granted. See ECF Nos. 69, 70 (motion to 25 modify; order granting same, respectively). As a result, the April 2024, and June 2024, close of 26 discovery and dispositive motion deadline dates were vacated. See ECF No. 70 at 2. New dates 27 for them were to be calendared after Plaintiff filed a notice of change of address with the Court. 28 Id. 1 1 In May 2024, Plaintiff filed a notice of change of address. Therefore, it is now 2 appropriate to calendar new close of discovery and dispositive motion deadline dates. Because 3 the parties were well into the discovery process prior to the vacation of these dates, the new ones 4 will be somewhat truncated. The close of discovery / motion to compel deadline will be sixty 5 days from today’s date, and dispositive motions will be due sixty days thereafter. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The discovery and dispositive motion deadlines in this case are herein RESET; 8 2. The new close of discovery / motion to compel deadline shall be August 5, 2024, and 9 3. The new dispositive motion deadline shall be October 4, 2024. 10 11 All other directives in the discovery and scheduling order (ECF No. 61) are to remain in full force and effect. 12 13 14 15 IT IS SO ORDERED. Dated: June 6, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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