Bruce v. Chaiken et al

Filing 70

ORDER signed by Magistrate Judge Kendall J. Newman on 08/30/17 vacating 37 Motion for Summary Judgment. Defendants request to reopen discovery is granted; defendants are granted 80 days to depose Dr. Mallory; defendants may depose Dr. Mallory by video; a court reporter shall be present with Dr. Mallory during the deposition. Within 100 days of the date of this order, defendants shall inform the court whether they wish to file a new summary judgment motion or a supplemental reply; following receipt of this briefing, the court will issue a further scheduling order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT BRUCE,

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Plaintiff,

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No. 2: 15-cv-0960 TLN KJN P

v.

ORDER

SHAMA CHAIKEN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On October 28, 2016, defendants filed a summary judgment motion. (ECF

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No. 37.) On July 27, 2017, the undersigned granted plaintiff’s motion to file an expert witness

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declaration in support of his opposition. (ECF No. 68.) (ECF No. 68.) The undersigned granted

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defendants twenty-eight days to inform the court whether they wished to reopen discovery with

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respect to plaintiff’s expert witness declaration. (Id.)
On August 23, 2017, defendants filed a response to the July 27, 2017 order. (ECF No.

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69.) Defendants state that they wish to reopen discovery in order to take the deposition of

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plaintiff’s expert, Dr. Mallory. Defendants request eighty days to schedule and conduct this

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deposition. Because Dr. Mallory is located in Florida, defendants request permission to depose

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him by video under Federal Rule of Civil Procedure 30(b)(4).

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ summary judgment motion (ECF No. 37) is vacated;

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2. Defendants’ request to reopen discovery is granted; defendants are granted eighty (80)

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days to depose Dr. Mallory; defendants may depose Dr. Mallory by video; a court reporter shall

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be present with Dr. Mallory during the deposition;

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4. Within one hundred days (100) of the date of this order, defendants shall inform the

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court whether they wish to file a new summary judgment motion or a supplemental reply;

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following receipt of this briefing, the court will issue a further scheduling order.

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Dated: August 30, 2017

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Br960.vac
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