Benyamini v. Hommer et al

Filing 112

ORDER signed by Magistrate Judge Allison Claire on 2/23/2017 ORDERING defendant's request to vacate the merit-based motion for summary judgment deadline is GRANTED and will be re-set after resolution of the 109 motion to compel. Defendants' request to vacate the discovery deadline is DENIED. Discovery shall close on 2/27/2017. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 No. 2:11-cv-2317 TLN AC P Plaintiff, 13 v. 14 O’BRIAN, et al., 15 ORDER Defendants. 16 By prior order, discovery was re-opened for the limited purpose of allowing defendants to 17 18 take plaintiff’s deposition and for the parties to file any motions necessary to compel discovery. 19 ECF No. 108. Discovery was scheduled to close on February 27, 2017, and merit-based motions 20 for summary judgment were ordered to be filed no later than April 28, 2017. Id. On January 27, 21 2017, defendants filed a motion to compel plaintiff to respond to defendants’ interrogatories and 22 requests for production. ECF No. 109. Defendants also requested this court vacate the current 23 discovery deadline and merit-based motions deadline until plaintiff has satisfied his discovery 24 obligations. In light of the pending motion to compel, the dispositive motion deadline will be 25 vacated and re-set after resolution of the motion to compel. However, the current discovery 26 deadline will not be vacated. Instead, the court will issue any orders that are necessary and 27 appropriate for concluding discovery upon resolution of the motion to compel. 28 //// 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. Defendants’ request to vacate the merit-based motion for summary judgment deadline 3 4 is granted and will be re-set after resolution of the motion to compel. 2. Defendants’ request to vacate the discovery deadline is denied. Discovery shall close 5 on February 27, 2017. 6 DATED: February 23, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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