Shahid v. Aldaz et al

Filing 33

ORDER signed by Magistrate Judge Dale A. Drozd on 06/16/15 granting 29 Motion to modify the discovery and scheduling order. Defendants shall file any dispositive motion on the merits of this case within 90 days of the court ruling on defendants' exhaustion motion. Except as otherwise provided in this order, the court's discovery and scheduling order issued on 12/15/14 remains in effect. (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 UMAR SHAHID, 12 No. 2:14-cv-0454 DAD P Plaintiff, 13 v. 14 I. ALDAZ, et al., 15 ORDER Defendants. 16 Pending before the court is defendants’ motion to modify the court’s discovery and 17 18 scheduling order. On May 26, 2015, defendants filed a motion for summary judgment based on 19 plaintiff’s alleged failure to exhaust administrative remedies prior to filing suit as required. 20 Defense counsel believes the motion may dispose of all of plaintiff’s claims, but in the event that 21 the motion does not, defendants request the opportunity to file a dispositive motion addressing the 22 merits of this case. Good cause appearing, the court will grant defendants’ motion to modify the court’s 23 24 discovery and scheduling order in part. Rather than vacating the deadline for the filing of 25 dispositive motions, the court will direct defendants with this order to file any dispositive motion 26 on the merits of this case within ninety days of the court ruling on defendants’ pending motion to 27 dismiss. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Defendants’ motion to modify the discovery and scheduling order (Doc. No. 29) is 3 4 5 6 granted in part; 2. Defendants shall file any dispositive motion on the merits of this case within ninety days of the court ruling on defendants’ exhaustion motion; and 3. Except as otherwise provided in this order, the court’s discovery and scheduling order 7 issued on December 15, 2014, remains in effect. 8 Dated: June 16, 2015 9 10 /shah0454.41mod 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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