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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:11-cv-2317 TLN AC P

Plaintiff,

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v.

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O’BRIAN, et al.,

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ORDER

Defendants.

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By prior order, discovery was re-opened for the limited purpose of allowing defendants to

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take plaintiff’s deposition and for the parties to file any motions necessary to compel discovery.

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ECF No. 108. Discovery was scheduled to close on February 27, 2017, and merit-based motions

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for summary judgment were ordered to be filed no later than April 28, 2017. Id. On January 27,

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2017, defendants filed a motion to compel plaintiff to respond to defendants’ interrogatories and

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requests for production. ECF No. 109. Defendants also requested this court vacate the current

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discovery deadline and merit-based motions deadline until plaintiff has satisfied his discovery

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obligations. In light of the pending motion to compel, the dispositive motion deadline will be

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vacated and re-set after resolution of the motion to compel. However, the current discovery

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deadline will not be vacated. Instead, the court will issue any orders that are necessary and

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appropriate for concluding discovery upon resolution of the motion to compel.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ request to vacate the merit-based motion for summary judgment deadline

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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

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on February 27, 2017.

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DATED: February 23, 2017

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