Spence v. Stambaugh et al

Filing 44

ORDER signed by Magistrate Judge Allison Claire on 10/5/2017 OVERRULING 42 Objections filed by Gerald Spence. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD SPENCE,

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Plaintiff,

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No. 2:14-cv-1170 WBS AC P

v.

ORDER

STAMBAUGH, et al.,

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Defendants.

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In anticipation of a settlement conference previously scheduled in this case, plaintiff filed

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objections to this court’s order denying his request to amend the scheduling order. See ECF No.

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42. The settlement conference was thereafter cancelled at the request of defendants.
Plaintiff’s objections to the court’s order filed September 19, 2017, ECF No. 41, are

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overruled for the reasons stated in the order. If plaintiff chooses to seek leave to file a further

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amended complaint, he must file and serve a motion demonstrating good cause for amendment

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together with a proposed Second Amended Complaint. See Fed. R. Civ. P. 15(a)(2). If plaintiff

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requires additional time to conduct discovery, he may file and serve a motion demonstrating good

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cause to extend the existing deadlines. See Fed. R. Civ. P. 16(b)(4). If plaintiff seeks further

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responses to discovery, he must file and serve a supported motion to compel further discovery.

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See Fed. R. Civ. P. 26 et seq.

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Accordingly, plaintiff’s objections filed October 3, 2017, ECF No. 42, are overruled.

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IT IS SO ORDERED.

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DATED: October 5, 2017

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