Cruz v. Michaels et al

Filing 42

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/3/11 ORDERING that 41 Motion is GRANTED; the court will stay the discovery and dispositive motion deadlines pending resolution of the 3/29/11 motion to dismiss.(Dillon, 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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DANIEL CRUZ,
Plaintiff,

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vs.

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No. CIV S-10-1162 KJM EFB P

MICHAELS, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. Defendants request modification of the scheduling order to extend the time for

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discovery and the filing of dispositive motions. See Fed. R. Civ. P. 16(b).
Under the current schedule, discovery was due by July 29, 2011 and dispositive motions

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were due on October 21, 2011. Dckt. No. 31. Defendants filed a motion to dismiss on March

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29, 2011 and wish to be relieved of the burden of conducting discovery and filing dispositive

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motions that will turn out to be unnecessary should the motion to dismiss be granted.

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The court grants defendants’ request and will stay the discovery and dispositive motion

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deadlines pending resolution of the March 29, 2011 motion to dismiss. Once that motion is

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resolved, the court will issue a modified scheduling order providing new deadlines for

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completing discovery and filing dispositive motions.

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So ordered.

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Dated: November 3, 2011.

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