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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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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