Mazza v. Austin et al

Filing 67

ORDER signed by Magistrate Judge Allison Claire on 5/16/16 DENYING 66 Motion to lift the stay; This action shall remain stayed until July 15, 2016, or further order of this court. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYAN MAZZA,

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No. 2:14-cv-0874 GEB AC P

Plaintiff,
v.

ORDER

L. AUSTIN, et al.,
Defendants.

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By order filed May 12, 2016, this court continued the stay in this action until July 15,

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2016 or further order of this court. See ECF No. 65. Defense counsel has now filed a motion

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requesting that the stay be lifted, noting that plaintiff recently propounded discovery on

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defendants notwithstanding his statements that he is unable to proceed in the instant action while

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temporarily incarcerated at the Napa County Jail; there plaintiff awaits a state criminal proceeding

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now scheduled for June 20, 2016. Defense counsel also requests clarification of this court’s

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Discovery and Scheduling Order filed December 18, 2015, ECF No. 44. See ECF No. 66.

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For the reasons set forth in this court’s order filed May 12, 2016, ECF No. 65, this action

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shall remain stayed until July 15, 2016. The stay nullifies all dates set forth in this court’s

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December 18, 2015 Discovery and Scheduling Order; accordingly, defendants need not presently

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respond to the discovery recently propounded by plaintiff. However, in light of plaintiff’s recent

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activity in the present case, no further stays will be granted absent a showing of compelling need.
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The court anticipates that a new Discovery and Scheduling Order will issue in this action in mid-

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July 2016. Plaintiff is reminded to review the court’s prior order filed May 12, 1016, ECF No.

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65, concerning his reporting deadlines in this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to lift the stay in this action, ECF No. 66, is denied without

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prejudice.
2. This action shall remain stayed until July 15, 2016, or further order of this court.
DATED: May 16, 2016

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