Gress v. Smith, et al.

Filing 154

ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/17 ordering that within 30 days, defendants' shall file or re-notice their motion for summary judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GRESS,

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No. 2:13-cv-0328 TLN KJN P

Plaintiff,
v.

ORDER

DR. CHRISTOPHER SMITH, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding through counsel. By order filed March 16, 2017,

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defendants’ motions for summary judgment were dismissed without prejudice. On March 20,

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2017, following settlement conference, the case did not settle. In light of the deposition of Dr.

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Slyter, and good cause appearing, defendants are granted leave to file an amended motion for

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summary judgment, or to re-notice their previously-filed motions for summary judgment, within

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thirty days from the date of this order. Any motion shall be briefed pursuant to Local Rule 230(l).

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However, if defendants file an amended motion for summary judgment, or if defendants re-notice

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the prior motions, plaintiff may choose to stand on his prior opposition(s).

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Accordingly, IT IS HEREBY ORDERED that within thirty days, defendants’ shall file or

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re-notice their motion for summary judgment .

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Dated: March 23, 2017
/gres0328.ren

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