Harris v. Zamudio, et al
Filing
107
ORDER signed by Magistrate Judge Allison Claire on 6/11/15 ORDERING that Motions in this case are no longer governed by Local Rule 230(l) and the otherprovisions of Local Rule 230 shall govern motions going forward. Plaintiffs request for an August 28, 2015 deadline to seek leave to amend thecomplaint (ECF No. 103 ) will be granted in part, and plaintiff shall have sixty days from the filing of this order to file and serve a motion for leave to amend the complaint. Pursuant to the stipulati on of the parties (ECF No. 105 ), discovery is re-opened. Discovery shall be completed, and all motions pertaining to discovery shall be noticed for hearing, by November 15, 2015. The jury trial set for January 11, 2016, at 9:00 a.m. before the Honorable Troy L. Nunley, is hereby VACATED. Pretrial conference and trial dates will be re-set, as appropriate, following resolution of any motion to amend or the expiration of the time for filing such a motion.(Dillon, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DEVONTE B. HARRIS,
12
13
14
15
No. 2:09-cv-1523 TLN AC P
Plaintiff,
v.
ORDER
L. ZAMUDIO, et al.,
Defendants.
16
17
18
19
Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant
to 42 U.S.C. § 1983.
On May 20, 2015, pursuant to this court’s order, plaintiff filed notices advising the court
20
of his intent to seek leave to file an amended complaint and re-open discovery. ECF Nos. 103,
21
104. Plaintiff advised that he would seek leave to amend and re-open discovery by August 28,
22
2015. Id. On June 6, 2015, the parties filed a stipulation for the re-opening of discovery with a
23
new discovery cut-off date of November 15, 2015. ECF No. 105. The parties did not agree to
24
August 28, 2015, as the deadline for plaintiff to move to amend the complaint. Id.
25
Plaintiff’s request for an August 28, 2015 deadline to seek to amend the complaint will be
26
granted in part, and plaintiff will be given sixty days to file a motion to amend the complaint.
27
The court will approve the parties’ stipulation, and discovery shall be re-opened with a new
28
deadline of November 15, 2015. The jury trial set for January 11, 2016, before the Honorable
1
1
Troy L. Nunley, will be vacated. Pretrial conference and trial dates will be re-set, as appropriate,
2
following resolution of any motion to amend or the expiration of the time for filing such a
3
motion. Additionally, since plaintiff is now represented by counsel, Local Rule 230(l) shall no
4
longer govern motions in this case and they shall instead be governed by the other provisions of
5
Local Rule 230.
6
Accordingly, IT IS HEREBY ORDERED that:
7
1. Motions in this case are no longer governed by Local Rule 230(l) and the other
8
9
provisions of Local Rule 230 shall govern motions going forward.
2. Plaintiff’s request for an August 28, 2015 deadline to seek leave to amend the
10
complaint (ECF No. 103) will be granted in part, and plaintiff shall have sixty days from the
11
filing of this order to file and serve a motion for leave to amend the complaint. Any requests for
12
extension must be supported by good cause, related to the substance of the pending proposed
13
amendments.
14
3. Pursuant to the stipulation of the parties (ECF No. 105), discovery is re-opened.
15
Discovery shall be completed, and all motions pertaining to discovery shall be noticed for
16
hearing, by November 15, 2015.
17
4. The jury trial set for January 11, 2016, at 9:00 a.m. before the Honorable Troy L.
18
Nunley, is hereby vacated. Pretrial conference and trial dates will be re-set, as appropriate,
19
following resolution of any motion to amend or the expiration of the time for filing such a
20
motion.
21
DATED: June 11, 2015
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?