(PC) Cortinas v. Vasquez et al

Filing 169

ORDER LIFTING STAY and Resetting Remaining Discovery Deadlines, signed by Magistrate Judge Sheila K. Oberto on 05/13/2024. Discovery Deadline: 7/15/2024. Dispositive Motion Deadline: 9/13/2024. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAM CORTINAS,

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Plaintiff,
v.

Case No. 1:19-cv-00367-JLT-SKO (PC)
ORDER LIFTING STAY AND
RESETTING REMAINING DISCOVERY
DEADLINES

VASQUEZ, et al.,

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Defendants.

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Plaintiff Larry William Cortinas is proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s excessive force

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claims against Defendants Vasquez, Fisher and Washington, and deliberate indifference to serious

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medical needs claim against Defendant Ramos.

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I.

BACKGROUND

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On October 2, 2023, following the issuance of District Judge Jennifer L. Thurston’s Order

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Adopting Findings and Recommendations Following Evidentiary Hearing, the Court issued its

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Order Setting Remaining Discovery Deadlines. (Doc. 164.) The deadline for the completion of

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discovery was set for March 1, 2024, and the deadline for the filing of dispositive motions was set

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for May 1, 2024. (Id.)

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On February 21, 2024, Defendants filed a Motion to Modify Discovery and Scheduling
Order. (Doc. 165.) The Court granted the motion and extended the deadline for the completion of

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discovery to April 30, 2024, and the deadline for the filing of dispositive motions to July 1, 2024.

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(Doc. 166.)

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On February 29, 2024, Plaintiff filed a motion seeking a 45-day stay of these proceedings.

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(Doc. 167.) Defendants did not oppose Plaintiff’s motion. On March 25, 2024, the Court issued

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its Order Granting Plaintiff’s Motion for 45-Day Stay. (Doc. 168.) The order also vacated the

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deadlines for the completion of discovery and the filing of dispositive motions, noting those

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deadlines would be reset at a later date. (Id. at 3.)

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II.

DISCUSSION

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More than 45 days have now passed following the Court’s order granting a 45-day stay of

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these proceedings. Therefore, the Court will lift the stay and reset the remaining discovery

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deadlines relevant to this action.

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The Court notes Plaintiff has not filed a notice of change of address with the Court

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following his release on parole in February or March 2024.1 Local Rule 182 (f) states as follows:

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“Each appearing attorney and pro se party is under a continuing duty to notify the Clerk and all

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other parties of any change of address or telephone number of the attorney or the pro se party.

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Absent such notice, service of documents at the prior address of the attorney or pro se party shall

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be fully effective. Separate notice shall be filed and served on all parties in each action in which

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an appearance has been made.” And Local Rule 183(b) requires “[a] party appearing in propria

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persona shall keep the Court and opposing parties advised as to his or her current address. If mail

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directed to a plaintiff in propria persona by the Clerk is returned by the U.S. Postal Service, and if

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such plaintiff fails to notify the Court and opposing parties within sixty-three (63) days thereafter

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of a current address, the Court may dismiss the action without prejudice for failure to prosecute.”

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Plaintiff was specifically advised of his obligation to keep the Court apprised of his current

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address in the Court’s First Informational Order in Prisoner/Civil Detainee Civil Rights Case

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issued March 20, 2019. (Doc. 5 at 5.)

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It is unclear when Plaintiff paroled. In his motion seeking a 45-day stay, dated and signed February 23,
2024, Plaintiff referenced his impending parole, but remained housed at the California Medical Facility in
Vacaville, California. (See Doc. 167.) However, as noted in this Court’s order granting a 45-day stay, by
March 22, 2024, Plaintiff was no longer incarcerated by the California Department of Corrections and
Rehabilitation. (See Doc. 168 at 2, n.1.)

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III.

CONCLUSION AND ORDER

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1. The 45-day stay beginning March 25, 2024, is LIFTED; and

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2. The following remaining discovery deadlines are SET:

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a. The deadline for the completion of all discovery is July 15, 2024.

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b. The deadline for the filing of dispositive motions is September 13, 2024.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

May 13, 2024

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UNITED STATES MAGISTRATE JUDGE

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