Atkinson v. California Department of Corrections

Filing 60

ORDER signed by Magistrate Judge John F. Moulds on 1/30/13 granting 53 Motion to exceed page limits. Defendants' 12/21/12 motion for summary judgment 54 will be considered in its entirety. Plaintiff's 1/04/13 motion to compel discove ry 56 is dropped from calendar. Plaintiff's opposition to defendants' 12/21/12 motion for summary judgment shall be filed and served on or before 03/11/13. Defendants' reply, if any, shall be filed and served not later than 14 days thereafter. Plaintiff's 1/04/13 motion to stay 57 is denied as moot. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SCOTT ROBERT ATKINSON,

11
12

Plaintiff,

No. 2:11-cv-0210 MCE JFM (PC)

vs.

13

MATTHEW CATE, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

17

42 U.S.C. § 1983. On December 13, 2012, defendants filed a motion to exceed page limits for a

18

summary judgment motion. On December 21, 2012, defendants filed a motion for summary

19

judgment. Good cause appearing, defendants’ motion to exceed page limits will be granted and

20

defendants’ December 21, 2012 motion considered in its entirety.

21

On January 4, 2013, plaintiff filed a motion to compel discovery and motion

22

pursuant to Fed. R. Civ. P. 56(d) to stay consideration of defendants’ motion for summary

23

judgment. On January 25, 2013, the parties filed a stipulation to drop plaintiff’s motion to

24

compel from calendar and to extend plaintiff’s time to oppose defendants’ motion for summary

25

judgment to March 11, 2013. Good cause appearing, the stipulation will be made an order of the

26

court. In view of the resolution of plaintiff’s motion to compel and the stipulated time for filing
1

1

an opposition to the motion for summary judgment, plaintiff’s Rule 56(d) motion will be denied

2

as moot.

3

In accordance with the above, IT IS HEREBY ORDERED that:

4

1. Defendants’ December 13, 2012 motion to exceed page limits (Doc. No. 53) is

5

granted;

6
7

2. Defendants’ December 21, 2012 motion for summary judgment (Doc. No. 54)
will be considered in its entirety;

8
9

3. Plaintiff’s January 4, 2013 motion to compel discovery (Doc. No. 56) is
dropped from calendar;

10
11

4. Plaintiff’s opposition to defendants’ December 21, 2012 motion for summary
judgment shall be filed and served on or before March 11, 2013;

12
13

5. Defendants’ reply, if any, shall be filed and served not later than fourteen days
thereafter; and

14
15

6. Plaintiff’s January 4, 2013 motion to stay (Doc. No. 57) is denied as moot.
DATED: January 30, 2013.

16
17
18
19
20

12

atki0210.36(2)

21
22
23
24
25
26
2