McClintock v. Colosimo, et al

Filing 37

ORDER signed by Magistrate Judge Dale A. Drozd on 8/18/14 ORDERING that Defendants Casillas and Merriweather's motion to modify the discovery and scheduling order 33 is denied as moot; Defendants Casillas and Merriweather's amended motion to modify the discovery and scheduling order 34 is granted; Discovery is stayed as to defendants Casillas and Merriweather. In the event that the court denies defendants' pending motion for summary judgment, the parties may serve discovery requests up to sixty days after the courts ruling; and Except as stated in this order, the court's 6/27/14, discovery and scheduling order remains in effect. (Becknal, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MCCLINTOCK, Case No. 2:13-cv-00264-TLN-DAD 12 Plaintiff, ORDER GRANTING DEFENDANTS’ AMENDED MOTION TO MODIFY DISCOVERY & SCHEDULING ORDER 13 v. 14 15 COLOSIMO, et al., 16 Defendants. 17 18 Defendants Casillas and Merriweather have filed an amended motion to modify the 19 discovery and scheduling order in this case. Specifically, defendants request a stay of discovery 20 until after the court rules on their pending motion for summary judgment based upon plaintiff’s 21 alleged failure to exhaust his administrative remedies prior to filing suit as required. 22 Good cause appearing, IT IS HEREBY ORDERED that: 23 1. Defendants Casillas and Merriweather’s motion to modify the discovery and scheduling 24 order (Doc. No. 33) is denied as moot; 2. Defendants Casillas and Merriweather’s amended motion to modify the discovery and 25 26 scheduling order (Doc. No. 34) is granted; 27 ///// 28 ///// 1 3. Discovery is stayed as to defendants Casillas and Merriweather. In the event that the 2 court denies defendants’ pending motion for summary judgment, the parties may serve discovery 3 requests up to sixty days after the court’s ruling; and 4 4. Except as stated in this order, the court’s June 27, 2014, discovery and scheduling order 5 remains in effect. 6 Dated: August 18, 2014 7 8 /mccl0264.41mod 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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