Rebidoux v. Macomber et al
Filing
51
ORDER signed by Magistrate Judge Dennis M. Cota on 4/29/2020 GRANTING plaintiff's 50 motion for an extension of time to conduct discovery, construed as a motion to modify the scheduling order. The 10/25/2019 scheduling order is modified as s pecified below: The parties may conduct discover until 9/7/2020; All requests for discovery pursuant to Fed. R. Civ. P. 30, 31, 33, 34, 36, and 45 shall be served by this discovery cut-off date; Any motions necessary to compel discovery shall be filed within 60 days from this cut-off date; and All dispositive motions shall be filed within 90 days after the discovery cut-off date specified above. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VERNON RUBIDOUX,
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Plaintiff,
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No. 2:16-CV-1033-MCE-DMC-P
v.
ORDER
J. MACOMBER, et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion for an extension of time to
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conduct discovery. See ECF No. 50. Defendants have not filed an opposition.
A review of the docket reflects that a number of defendants filed an answer on
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October 15, 2019, and thereafter on October 25, 2019, the court issued a first scheduling order
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directing, among other things, the parties to complete discovery by March 9, 2020. See ECF Nos.
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39 (defendants’ answer) and 42 (scheduling order). On November 14, 2019, defendant Sahota
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filed a separate answer. See ECF No. 44. Given this procedural history, and good cause
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appearing therefor, plaintiff’s motion is construed as a motion for modification of the Court’s
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scheduling order and, so construed, plaintiff’s motion will be granted and the court will set a new
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schedule for this case.
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///
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Plaintiff’s motion for an extension of time to conduct discovery (ECF No.
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50) is construed as a motion to modify the Court’s October 25, 2019, scheduling order and, so
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construed, plaintiff’s motion is granted;
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The Court’s October 25, 2019, scheduling order is modified as specified
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3.
The parties may conduct discovery until September 7, 2020;
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4.
All requests for discovery pursuant to Fed. R. Civ. P. 30, 31, 33, 34, 36,
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below;
and 45 shall be served by this discovery cut-off date;
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Any motions necessary to compel discovery shall be filed within 60 days
from this cut-off date; and
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All dispositive motions shall be filed within 90 days after the discovery
cut-off date specified above;
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Dated: April 29, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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