Houston v. Eldridge et al

Filing 59

ORDER signed by Magistrate Judge Kendall J. Newman on 05/16/18 ORDERING Defendants motion to modify the scheduling order 56 is GRANTED; thedeadline for dispositive motions is extended to May 22, 2018. Plaintiffs motion for a pretrial conference 55 and motion to obtainwitnesses 57 are DENIED without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOUSTON,

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No. 2: 16-cv-2561 WBS KJN P

Plaintiff,
v.

ORDER

L. ELDRIDGE, et al.,
Defendants.

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

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pursuant to 42 U.S.C. § 1983. Several matters are pending before the court.

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Defendants’ Motion to Modify the Scheduling Order (ECF No. 56)

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The dispositive motion deadline was May 8, 2018. (ECF No. 49.) In the pending motion,

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defendants request that the deadline be extended by fourteen days. (ECF No. 56.) Good cause

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appearing, defendants’ motion is granted.

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Plaintiff’s Motion for a Pretrial Conference (ECF No. 55) and Motion to Obtain Witnesses at

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Trial (ECF No. 57)

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In the pending motions, plaintiff requests that the court schedule a pretrial conference

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(ECF No. 55) and requests permission to call several people as witnesses at trial (ECF No. 57).

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Plaintiff’s motions are premature because the dispositive motion defendants intend to file has not

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been ruled on. Following resolution of defendants’ dispositive motion, the court will set a pretrial
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conference, if appropriate. The court will also direct the parties to file pretrial statements, in

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which they may identify the witnesses they intend to call at trial.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to modify the scheduling order (ECF No. 56) is granted; the

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deadline for dispositive motions is extended to May 22, 2018;

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2. Plaintiff’s motion for a pretrial conference (ECF No. 55) and motion to obtain

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witnesses (ECF No. 57) are denied without prejudice.

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Dated: May 16, 2018

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