Guerrero v. McClure et al

Filing 59

ORDER signed by Magistrate Judge Dale A. Drozd on 02/24/12 granting 57 Motion to modify scheduling order and to extend time to file a dispositive motion. Defendant Montes is granted 60 days to and including 05/01/12 to file his dispositive motion. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES ANTHONY GUERRERO,

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Plaintiff,

No. CIV S-10-0318 GEB DAD P

vs.
S. McCLURE, et al.,

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Defendants.

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ORDER
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Defense counsel has requested a sixty-day extension of time to file a dispositive

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motion on behalf of defendant Montes . In an order filed January 23, 2012, the court granted the

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request of defendants Ferguson, Fecht, Fox and Montes for a forty-day extension of time to

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prepare and file a dispositive motion. In the pending request for an extension of time, defense

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counsel informs the court that she has discovered that a conflict of interest exists between

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defendant Montes and defendants Fox, Fecht and Ferguson who are also represented by her

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office.1 Counsel anticipates that the requested extension of time will provide sufficient time to

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retain new counsel for defendant Montes, and for new counsel to review the file and to act on

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This action is proceeding against five defendants. The fifth defendant, defendant
McClure, is represented by the law firm of Williams & Associates. On January 20, 2012,
defendant McClure filed a motion for summary judgment.
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behalf of defendant Montes.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The February 23, 2012 motion filed on behalf of defendants Ferguson, Fecht,

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Fox and Montes seeking to modify the scheduling order and to extend the time to file a

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dispositive motion (Doc. No. 57) is granted; and

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2. Defendant Montes is granted sixty days, to and including May 1, 2012, to file

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his dispositive motion.

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DATED: February 24, 2012.

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DAD:4
guer0318.36montes

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