Jauregui v. Cate et al

Filing 73

ORDER to SHOW CAUSE signed by Magistrate Judge John F. Moulds on 1/31/13 ORDERING that defendant Jerry W. Weiner, M.D. shall show cause within 7 days from the date of this order why the dispositive motion deadline should be modified so as to permit consideration of his January 30, 2013 motion for summary judgment.(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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JORGE ROBLES JAUREGUI,
Plaintiff,

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No. 2: 10-cv-2283 JAM JFM (PC)

vs.

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MATTHEW CATE, et al.,

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Defendants.
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ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42

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U.S.C. § 1983. Two defendants remain in this action, M. Hsieh, M.D., and Jerry W. Weiner,

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M.D. Defendants are represented by different counsel. On July 5, 2011, both defendants

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separately answered the complaint. (See Dkt. Nos. 17, 18.)

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On November 8, 2011, the court modified the discovery and scheduling order.

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(See Dkt. No. 45.) The parties were permitted to conduct discovery until June 30, 2012. (See

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id.) Furthermore, all pretrial motions, except motions to compel discovery were to be filed on or

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before August 2, 2012. (See id.)

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On August 2, 2012, defendant Hsieh filed a motion for summary judgment.

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(See Dkt. No. 55.) Plaintiff received an extension of time to file a response in opposition to

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Hsieh’s motion for summary judgment and filed a response on November 26, 2012. (See Dkt.
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No. 65.) Hsieh filed a reply on November 28, 2012. (See Dkt. No. 66.) Thus, defendant

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Hsieh’s motion for summary judgment is now ripe for adjudication.

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On January 30, 2013, defendant Jerry W. Weiner filed a motion for summary

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judgment. Weiner filed his motion for summary judgment almost five months after the court

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ordered deadline for which a party could file such a motion. (See Dkt. No. 45.) Defendant

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Weiner has not asked the court for a modification to that deadline. The only way the schedule

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can be modified is for good cause shown. See Fed. R. Civ. P. 16(b)(4).

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Accordingly, IT IS HEREBY ORDERED that defendant Jerry W. Weiner, M.D.

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shall show cause within seven (7) days from the date of this order why the dispositive motion

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deadline should be modified so as to permit consideration of his January 30, 2013 motion for

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summary judgment.

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DATED: January 31, 2013.

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jaur2283.weiner.osc

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