Villescas v. Miranda et al

Filing 46

ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/16 ORDERING that 43 Motion to modify the scheduling order is GRANTED; Discovery is stayed and the September 9, 2016 dispositive motion deadline is VACATED; the discovery and dispositive motion deadlines will be reset following resolution of the pending motion to dismiss.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALBERTO VILLESCAS,

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No. 2: 15-cv-1861 TLN KJN P

Plaintiff,
v.

ORDER

RAFAEL MIRANDA, 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. Pending before the court is defendant Miranda’s motion to modify the

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scheduling order.

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On January 13, 2016, defendant Miranda filed an answer. (ECF No. 35.) On January 28,

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2016, the other seven defendants, represented by separate counsel, filed a motion to dismiss.

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(ECF No. 39.) On February 3, 2016, the court issued a scheduling order, setting discovery and

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dispositive motion cut-off dates. (ECF No. 40.)

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In the pending motion, defendant Miranda requests that the scheduling order be modified

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to stay discovery and to vacate the dispositive motion filing deadline until such time as the

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motion to dismiss has been decided. Defendant Miranda contends that it would conserve

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resources and permit plaintiff to be deposed only once if discovery is stayed until the motion to

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dismiss is decided.
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Good cause appearing, the motion to modify the scheduling order is granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant Miranda’s motion to modify the scheduling order (ECF No. 43) is granted;

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2. Discovery is stayed and the September 9, 2016 dispositive motion deadline is vacated;

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the discovery and dispositive motion deadlines will be reset following resolution of the pending

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motion to dismiss.

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Dated: April 28, 2016

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