Witkin v. Lotersztain et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 2/6/17 DENYING without prejudice 30 Motion for Summary Judgment; Defendants may re-file or re-notice their motion for summary judgment within 14 days from Dr. Barnett's deposition, which shall be briefed pursuant to Local Rule 230(l).(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL AARON WITKIN,

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No. 2:15-cv-0638 MCE KJN P

Plaintiff,
v.

ORDER

MARIANA LOTERSZTAIN, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. On December 22, 2016, the parties were ordered to meet and confer, to

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address plaintiff’s pending request to depose defendants’ expert prior to filing his opposition to

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the motion for summary judgment. On January 23, 2017, the parties filed a joint status report

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confirming that the parties have conferred concerning the potential costs for Dr. Barnett’s

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deposition, and have agreed on a procedure by which plaintiff will demonstrate proof of sufficient

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funds to cover the costs of the deposition by January 31, 2017. (ECF No. 49 at 1-2.) In addition,

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the parties have agreed to a tentative deposition date of March 13, 2017, at 10:00 a.m., at the

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institution in which plaintiff is housed. (ECF No. 49 at 2.)

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On January 27, 2017, plaintiff filed proof of available funds to depose Dr. Barnett.

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It is unclear whether defendants will need to revise their pending motion for summary

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judgment in light of Dr. Barnett’s deposition. However, the deposition may impact plaintiff’s
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opposition. Therefore, good cause appearing, defendants’ motion for summary judgment is

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denied without prejudice to its renewal following the deposition of Dr. Barnett. Defendants may

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file an amended motion for summary judgment, or they may opt to simply file a re-notice of their

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motion for summary judgment, incorporating the April 8, 2016 filings by reference.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion for summary judgment (ECF No. 30) is denied without prejudice

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to its renewal; and

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2. Defendants may re-file or re-notice their motion for summary judgment within

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fourteen days from Dr. Barnett’s deposition, which shall be briefed pursuant to Local Rule 230(l).

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Dated: February 6, 2017

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/witk0638.msj.ren

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