(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN ALLEN,

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Plaintiff,

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No. 1:18-cv-01187 JLT GSA (PC)

v.
V. BENTACOURT, et al.,

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Defendants.

ORDER RESETTING CLOSE OF
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES
Close of Discovery: August 5, 2024
Dispositive Motions Due: October 4, 2024

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Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this

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civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The matter is

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at the discovery phase of the proceedings.
On August 21, 2023, a discovery and scheduling order was issued in this case. ECF No.

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61. In March 2024, an order served on Plaintiff was returned to the Court as undeliverable.

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Thereafter, in April 2024, because Defendants were uncertain of how to reach Plaintiff they filed

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a motion to modify the scheduling order, which was granted. See ECF Nos. 69, 70 (motion to

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modify; order granting same, respectively). As a result, the April 2024, and June 2024, close of

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discovery and dispositive motion deadline dates were vacated. See ECF No. 70 at 2. New dates

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for them were to be calendared after Plaintiff filed a notice of change of address with the Court.

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Id.
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In May 2024, Plaintiff filed a notice of change of address. Therefore, it is now

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appropriate to calendar new close of discovery and dispositive motion deadline dates. Because

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the parties were well into the discovery process prior to the vacation of these dates, the new ones

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will be somewhat truncated. The close of discovery / motion to compel deadline will be sixty

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days from today’s date, and dispositive motions will be due sixty days thereafter.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The discovery and dispositive motion deadlines in this case are herein RESET;

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2. The new close of discovery / motion to compel deadline shall be August 5, 2024, and

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3. The new dispositive motion deadline shall be October 4, 2024.

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All other directives in the discovery and scheduling order (ECF No. 61) are to
remain in full force and effect.

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IT IS SO ORDERED.
Dated:

June 6, 2024

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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