Birdwell et al v Cates et al

Filing 72

ORDER signed by Magistrate Judge Gregory G. Hollows on 09/21/11 ordering approximately 13 defendants answered the complaint and a discovery and scheduling order was issued on 04/28/11. Two other defendants, Baptista and Barham answered the complaint on 05/23/11. It is not clear if plaintiff and defendants Baptista and Barham commenced discovery. Therefor the 04/28/11 discovery order 49 shall apply to plaintiff and Baptista and Barham except that: ( Discovery due by 10/24/2011, All Pretrial Motions, except motions to compel discovery shall be filed on or before 12/16/2011.)(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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BILLY PAUL BIRDWELL, II,

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Plaintiff,

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vs.

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No. CIV S-10-0719 KJM GGH P

M. CATES, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil

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rights action pursuant to 42 U.S.C. § 1983. Approximately 13 defendants answered the

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complaint and a discovery and scheduling order was issued on April 28, 2011. Two other

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defendants, Baptista and Barham answered the complaint on May 23, 2011. It is not clear if

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plaintiff and defendants Baptista and Barham commenced discovery.

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Therefore, the April 28, 2011, discovery order (Doc. 49) shall apply to plaintiff
and Baptista and Barham, except that:

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The parties may conduct discovery until October 24, 2011. Any motions

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necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to

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Fed. R. Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date.

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All pretrial motions, except motions to compel discovery, shall be filed on or

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before December 16, 2011. Motions shall be briefed in accordance with paragraph 7 of this

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court’s order filed February 9, 2011.

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IT IS SO ORDERED

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DATED: September 21, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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bird0719.ord4

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