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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GRESS, 12 13 14 No. 2:13-cv-0328 TLN KJN P Plaintiff, v. ORDER DR. CHRISTOPHER SMITH, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding through counsel. By order filed March 16, 2017, 18 defendants’ motions for summary judgment were dismissed without prejudice. On March 20, 19 2017, following settlement conference, the case did not settle. In light of the deposition of Dr. 20 Slyter, and good cause appearing, defendants are granted leave to file an amended motion for 21 summary judgment, or to re-notice their previously-filed motions for summary judgment, within 22 thirty days from the date of this order. Any motion shall be briefed pursuant to Local Rule 230(l). 23 However, if defendants file an amended motion for summary judgment, or if defendants re-notice 24 the prior motions, plaintiff may choose to stand on his prior opposition(s). 25 Accordingly, IT IS HEREBY ORDERED that within thirty days, defendants’ shall file or 26 re-notice their motion for summary judgment . 27 Dated: March 23, 2017 / 28

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