Baker v. Macomber et al

Filing 49

ORDER signed by Magistrate Judge Allison Claire on 9/9/2016 ORDERING defendant's 46 motion for summary judgment is DENIED without prejudice to the filing of another motion for summary judgment between March 1 and March 31, 2017. Plaintiff's 48 motion for extended time to respond to defendant's motion for summary judgment is DENIED as moot. Discovery shall proceed in this action as set forth in the court's order filed 7/12/2016 45 . (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY RAY BAKER,

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Plaintiff,

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v.

No. 2:15-cv-0248 GEB AC P

ORDER

J. MACOMBER, et al.,

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Defendants.

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Plaintiff has filed a motion for extended time to file and serve a response to defendant’s

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August 29, 2016 motion for summary judgment, based on plaintiff’s need to obtain additional

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discovery.
Significantly, sole defendant Correctional Officer J. McCowan filed his motion for

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summary judgment only a few weeks after this court granted plaintiff’s request to reopen

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discovery and postpone the filing of dispositive motions. See ECF No. 45. The court reopened

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discovery for the limited purpose of permitting plaintiff to serve his outstanding discovery

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requests on defendant’s counsel by August 12, 2016, and for defendant to serve “all of his

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responses to plaintiff’s discovery requests” by September 30, 2016. Id. at 2. The court accorded

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plaintiff until October 28, 2016 to file and serve any necessary motion to compel discovery.

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Finally, the court extended the dispositive motion deadline to March 31, 2017. Id.

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////

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Plaintiff’s instant request is consistent with these dead
r
h
dlines. More
eover, in ligh of
ht

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pla
aintiff’s pro se status and in deferenc to his aut
d
ce
thorized requ to obtain additional discovery
uest
n

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be
efore respond
ding to defen
ndant’s moti for summ
ion
mary judgme defendan motion will be
ent,
nt’s

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de
enied withou prejudice to its renewa no later than March 31 2017. Def
ut
t
al
1,
fendant is fu
urther

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instructed that his motion for summary judgment s
t
y
shall be filed no earlier t
d
than March 1, 2017.

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Plaintiff’s inst request for extended time is ther
tant
f
d
refore denied as moot. D
d
Discovery sh proceed
hall

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as set forth in the court’s prior order.
p

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Accord
dingly, IT IS HEREBY ORDERED that:
S
O

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1. Def
fendant’s mo
otion for sum
mmary judgm filed A
ment
August 29, 20
016, ECF No 46, is
o.

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de
enied withou prejudice to the filing of another m
ut
t
motion for su
ummary judg
gment betwe March 1
een

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an March 31, 2017.
nd

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2. Plai
intiff’s motio for exten
on
nded time to respond to d
defendant’s m
motion for summary
jud
dgment, ECF No. 48, is denied as moot.
F
m
3. Discovery shall proceed in this action a set forth in this court’s order filed July 12,
l
as
n
s
d

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20 see ECF No. 45.
016,
F

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DA
ATED: Sep
ptember 9, 20
016.

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