(PC) Gustard v. McCauley et al

Filing 138

ORDER signed by Magistrate Judge Jeremy D. Peterson on 05/19/23 DENYING 124 , 127 & 128 Motions to Compel, DENYING AS MOOT 129 Request to file returned documents, WITHDRAWING 130 & 131 Motions for Summary Judgment, WITHDRAWING Plain tiff's interrogatories served on defendant McCauley. Plaintiff is granted until 06/20/23, to serve amended, rule-compliant interrogatories on defendant McCauley. MODIFYING the Scheduling Order as follows: Discovery Deadline: 07/24/23; Dispositive Motion Deadline: 09/22/23.(Licea Chavez, V)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER IAN GUSTARD, 12 13 14 Case No. 2:17-cv-00012-TLN-JDP (PC) Plaintiff, v. ORDER DOUGLAS R. MCCAULEY, et al., 15 Defendants. 16 17 This case was before me on May 18, 2023, for a hearing on plaintiff’s motions to compel 18 defendants to provide further responses to his interrogatories and requests for production. 19 ECF Nos. 124, 127, & 128. Plaintiff appeared pro se, and attorney Andrew Steinheimer appeared 20 on behalf of defendants. 21 For the reasons stated on the record, it is hereby ORDERED that: 22 1. Plaintiff’s motions to compel, ECF Nos. 124, 127, & 128, are denied. 23 2. Plaintiff’s request to file returned documents, ECF No. 129, is denied as moot. 24 3. Plaintiff’s interrogatories served on defendant McCauley are deemed withdrawn. 25 4. Defendants’ motions for summary judgment, ECF Nos. 130 & 131, are deemed 26 27 withdrawn. 5. Plaintiff is granted until June 20, 2023, to serve amended, rule-compliant 28 1 1 interrogatories on defendant McCauley.1 6. Defendant McCauley shall respond to plaintiff’s interrogatories in accordance with 2 3 Federal Rule of Civil Procedure 33(b). 4 7. The scheduling order is modified as follows: 5 a. The discovery deadline is extended to July 24, 2023, for the limited purpose of 6 allowing plaintiff to serve, and defendant McCauley to respond to, any amended interrogatories. 7 b. The deadline to file dispositive motions is extended to September 22, 2023. 8 9 IT IS SO ORDERED. 10 Dated: May 19, 2023 11 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff is reminded of the twenty-five-question limit and encouraged to avoid the use of subpart questions. See Federal Rules of Civil Procedure 33(a)(1). 2

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