Williams v. Agredano, et al.

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/16 ORDERING that defendants' motion to modify the scheduling order (ECF No. 27 ) is GRANTED; The dispositive motion deadline is extended from August 5, 2016, to December 2, 2016.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE WILLIAMS,

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No. 2: 15-cv-1767 JAM KJN P

Plaintiff,
v.

ORDER

R. AGREDANO, et al.,
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 July 19, 2016, defendants filed a summary judgment motion on the

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grounds that plaintiff failed to exhaust administrative remedies. (ECF No. 26.) Plaintiff did not

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file an opposition. Accordingly, the undersigned has separately ordered plaintiff to show cause

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why defendants’ motion should not be granted.

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On July 28, 2016, defendants filed a motion to modify the scheduling order. (ECF No.

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27.) Pursuant to the February 3, 2016, scheduling order, the dispositive motion cut-off date was

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August 5, 1016. (ECF No. 19.) In the motion to modify the scheduling order, defendants state

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that they intend to file a motion for summary judgment regarding the merits of plaintiff’s claims

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in the event that their pending summary judgment motion, alleging failure to exhaust

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administrative remedies, is denied. Defendants request that the dispositive motion deadline be

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extended to December 2, 2016, to permit the issue of exhaustion to be decided before defendants
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are required to file their summary judgment regarding the merits.

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Good cause appearing, defendants’ motion to modify the scheduling order is granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to modify the scheduling order (ECF No. 27) is granted;

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2. The dispositive motion deadline is extended from August 5, 2016, to December 2,

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2016.

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Dated: August 24, 2016

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