(PC) De'Armond, Jr. v. White

Filing 38

ORDER Lifting Stay; Amended Discovery and Scheduling Order signed by Magistrate Judge Helena M. Barch-Kuchta on 6/3/2021. Exhaustion Motion Filing DDL: 9/6/2021; Discovery DDL: 2/2/2022; Dispositive Motion Filing DDL: 5/3/2022. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL THOMAS DE’ARMOND, JR.,

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Plaintiff,
v.

Case No. 1:19-cv-01695-NONE-HBK
ORDER LIFTING STAY
AMENDED DISCOVERY AND
SCHEDULING ORDER

J. WHITE,
Exhaustion Motion Filing Deadline: 09/06/21
Defendant.
Discovery Deadline: 02/02/22

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Dispositive Motion Deadline: 05/03/22

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Plaintiff Michael Thomas De’Armond Jr. proceeds pro se and in forma pauperis on his

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civil rights complaint filed under 42 U.S.C. § 1983 on November 20, 2019. (Docs. No. 1, 10).

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The court screened Plaintiff’s complaint and allowed his sole claim of excessive force to proceed.

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(Doc. No. 11). A discovery and scheduling order was thereafter issued. (Doc. No. 27).

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On March 8, 2021, the court stayed this matter pending resolution of a criminal complaint

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against Plaintiff stemming from the same incident that underpins Plaintiff’s complaint. (Doc. No.

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36). On June 2, 2021 Defendant filed a status report advising that the criminal proceedings

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against Plaintiff had concluded and requesting the stay be lifted and an amended discovery and

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scheduling order be issued. (Doc. No. 37). The Court will lift the stay and resets the deadlines to

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complete discovery and file dispositive motions.

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Accordingly, it is ORDERED:

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1. The Clerk of Court shall lift the stay of this case.

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2. The deadline to file an exhaustion-based summary judgment motion is reset to

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September 6, 2021.

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3. The deadline for the parties to complete discovery is reset to February 2, 2022.

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4. The deadline for the parties to file dispositive motions is reset to May 3, 2022.

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5. Except for the dates specifically altered by this order, the parties must continue to

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comply with all rules and dictates contained within the court’s earlier discovery and

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scheduling order. (Doc. No. 27).

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IT IS SO ORDERED.

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Dated:
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June 3, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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