Clinton v. California Department of Corrections et al

Filing 680

ORDER signed by Magistrate Judge Dennis M. Cota on 4/4/2023 GRANTING plaintiff's 677 motion to modify the pre-trial schedule for this litigation. The schedule is modified as follows: a. The non-expert discovery completion date is conti nued to 5/25/2023; b. The deadline to exchange initial lists of expert witnesses is continued to 6/30/2023; c. The deadline to exchange lists of rebuttal expert witnesses is continued to 7/28/2023; d. The expert discovery completion date is continued to 10/10/2023; e. The last day to notice dispositive motions for hearing is continued to 11/28/2023. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS CLINTON, 12 No. 2:05-CV-1600-DAD-DMC-P Plaintiff, 13 v. 14 COOPER, et al., 15 ORDER Defendants. 16 17 Plaintiff, who is proceeding with retained counsel, brings this civil rights action 18 pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for administrative 19 relief pursuant to Eastern District of California Local Rule 233. See ECF No. 677. Defendants 20 have filed an opposition. See ECF No. 679. By way of the pending motion, Plaintiff seeks modification of the Court’s January 21 22 17, 2023, scheduling order. Local Rule 233 allows the Court to grant such relief on shortened 23 notice without a hearing for good cause shown. Here, Plaintiff has shown good cause. In 24 counsel’s declaration in support of Plaintiff’s request, counsel states that administrative relief 25 extending scheduling deadlines is necessary because counsel and Plaintiff are “no longer 26 available to schedule Plaintiff’s deposition before the discovery cut-off.” ECF No. 677-1, pg. 2. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 Plaintiff’s motion for administrative relief, ECF No. 677, to modify the pre-trial schedule for this litigation is granted. 2. 5 6 7 8 9 10 11 12 The schedule issued on January 17, 2023, is modified as follows: a. The non-expert discovery completion date is continued to May 25, 2023. b. The deadline to exchange initial lists of expert witnesses is continued to June 30, 2023. c. The deadline to exchange lists of rebuttal expert witnesses is continued to July 28, 2023. d. The expert discovery completion date is continued to October 10, 2023. e. The last day to notice dispositive motions for hearing is continued to November 28, 2023. 13 14 Dated: April 4, 2023 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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