(PC) Mark A. Fregia v. Chen et al

Filing 51

ORDER GRANTING Defendants' 50 Motion to Modify Scheduling Order to Extend Deadline to File Dispositive Motions signed by Magistrate Judge Erica P. Grosjean on 7/29/2022. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK A. FREGIA, 12 Case No. 1:20-cv-01024-DAD-EPG Plaintiff, 13 v. 14 YUCUI CHEN, et al., 15 ORDER GRANTING DEFENDANTS’ MOTION TO MODIFY SCHEDULING ORDER TO EXTEND DEADLINE TO FILE DISPOSITIVE MOTIONS Defendants. (ECF No. 50) 16 Before the Court is Defendants’ motion to modify the Scheduling Order and extend the 17 18 dispositive motion deadline. (ECF No. 50.) Defendants have filed a motion for summary 19 judgment challenging Plaintiff’s failure to exhaust administrative remedies as to some, but not all, 20 of Plaintiff’s claims. (See ECF No. 40.) On July 1, 2022, the Court issued findings and 21 recommendations recommending that Defendants’ motion be granted. (ECF No. 49.) Those 22 findings and recommendations are currently pending before the district judge. Defendants intend 23 to file a motion for summary judgment on the merits, but the scope of the motion will be affected 24 by the district judge’s order on the pending findings and recommendations. (ECF No. 50 at 2.) 25 Thus, Defendants request that the dispositive motion deadline, which is currently set for August 26 8, 2022, be extended to forty-five days from issuance of a final order on Defendants’ pending 27 exhaustion motion.1 (Id. at 2-3.) 28 1 This case has been scheduled through dispositive motions only and no pretrial conference or trial dates have been 1 1 2 3 Having considered the motion, and in the interest of efficiency and judicial economy, the Court will grant Defendants’ request. Accordingly, IT IS HEREBY ORDERED that the Scheduling Order (ECF No. 36) is 4 modified and the deadline to file dispositive motions is extended to forty-five (45) days from the 5 date of service of a final order on Defendants’ pending motion for summary judgment on 6 administrative exhaustion (see ECF Nos. 40, 49). 7 8 9 10 IT IS SO ORDERED. Dated: July 29, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 set. (See ECF No. 36.) Additionally, as Defendants note in their motion, all deadlines in the Scheduling Order other than the dispositive motion deadline have passed. (See ECF No. 36.) 2

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