Spears et al v. El Dorado County Sheriff's Department et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 5/10/2022 GRANTING plaintiff's 74 motion to modify the discovery and scheduling order. The parties may conduct discovery until 8/19/2022. All pretrial motions, except motions to compel discovery, shall be filed on or before 11/14/2022. All other directives in the court's 70 discovery and scheduling order issued 12/3/2021 are to remain in full force and effect. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN SPEARS,
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No. 2:15-cv-0165 MCE AC P
Plaintiff,
v.
ORDER
BRUCE BENTON, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil
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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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Before this court is plaintiff’s motion to modify the discovery and scheduling order. ECF
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No. 74. Defendants do not oppose the motion. ECF No. 75. They request, however, that the
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deadlines for motions to compel and pretrial motions be extended. Id. at 1. Defendants also
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request that any new deadlines imposed by the court apply to all parties. Id. at 2.
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Plaintiff has demonstrated good cause for a modification of the scheduling order, and the
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unopposed motion therefore will be granted. The discovery and pretrial motion deadlines will be
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modified in a way that takes into consideration plaintiff’s circumstances.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s motion to modify the discovery and scheduling order (ECF No. 74) is
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GRANTED;
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2. The parties may conduct discovery until August 19, 2022. Any motions necessary to
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compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ.
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P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date;
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3. All pretrial motions, except motions to compel discovery, shall be filed on or before
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November 14, 2022. Motions shall be briefed in accordance with paragraph 8 of this court’s
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order issued November 3, 2021,; and
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4. All other directives in the court’s discovery and scheduling order issued December 3,
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2021 (ECF No. 70) are to remain in full force and effect.
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DATED: May 10, 2022
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