(PC) Hammler v. Hernandez

Filing 76

ORDER SETTING Dispositive Motion Deadline, signed by Magistrate Judge Sheila K. Oberto on 11/9/2023. Dispositive Motions filed by 1/30/2024. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,

Case No. 1:19-cv-00616 SKO (PC)
ORDER SETTING DISPOSITIVE MOTION
DEADLINE

v.
Dispositive Motion Deadline: 01/30/2024

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J. HERNANDEZ,

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Defendant.

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I.

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This Court issued a Discovery and Scheduling Order on November 2, 2022. (Doc. 57.)

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On March 24, 2023, the Court issued its Order Granting Defendant’s Motion for

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Extension of Time to Depose Plaintiff and to File Dispositive Motion. (Doc. 60.) The discovery

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cut off deadline was extended from April 2, 2023, to June 5, 2023, to allow Plaintiff’s deposition

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to be rescheduled. The dispositive motion deadline was also extended from June 5, 2023, to

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August 4, 2023, to allow for the completion of Plaintiff’s deposition and evaluation and drafting

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of any pre-trial dispositive motion. (Id. at 2.)

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RELEVANT PROCEDURAL HISTORY

On May 31, 2023, Defendant Hernandez filed a motion for terminating sanctions for
Plaintiff’s willful failure to participate in a deposition. (See Doc. 64.)

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On July 13, 2023, this Court granted Defendant’s motion to vacate the pretrial dispositive

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motion filing deadline pending resolution of the motion for terminating sanctions. (Doc. 69.) The

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Court stated that it “will reset the deadline for the filing of dispositive motions, if necessary, after

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Defendant’s motion for terminating sanctions has been resolved by the Court.” (Id. at 2.)
On August 3, 2023, Plaintiff filed an opposition to Defendant’s motion for terminating

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sanctions (Doc. 71); Defendant replied on August 17, 2023 (Doc. 71).

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On October 5, 2023, the Court issued its Order Granting in Part and Denying in Part

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Defendant’s Motion for Terminating Sanctions for Willful Failure to Participate in Deposition.

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(Doc. 74.) The Court directed Plaintiff to participate in a deposition “to be noticed no later than

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October 23, 2023, and held no later than December 1, 2023.” (Id. at 17.) Defense counsel was

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directed to file a status report by November 1, 2023, concerning his efforts to reschedule

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Plaintiff’s deposition. (Id. at 18.)
In a status report filed October 10, 2023, Defendant advised Plaintiff’s deposition had

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been rescheduled for November 3, 2023, at 9:00 a.m. via videoconference. (Doc. 75.) The Court

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now resets the dispositive motion deadline.

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II.

CONCLUSION AND ORDER

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For the reasons stated above, IT IS HEREBY ORDERED that:

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1. The deadline for filing pre-trial dispositions motions is January 30, 2024;

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2. The defense SHALL also lodge a Word version of any motion to

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[e-mail]. The defense SHALL mail or deliver courtesy hard

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copies of all motions over 10 pages to the Court at 2500 Tulare St., Fresno, CA

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93721. Emailed copies and courtesy hard copies SHALL reflect the CM/ECF

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document numbers and pagination; and

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3. Any request for an extension of the pre-trial dispositive motion deadline must be filed

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at least two weeks before it expires. The deadline set forth above is firm and will

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only be extended upon a showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

November 9, 2023

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UNITED STATES MAGISTRATE JUDGE
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