Garces v. Pickett et al

Filing 68

ORDER signed by Magistrate Judge Allison Claire on 5/9/2019 GRANTING defendant' 67 motion for a protective order staying discovery. The deadlines for responding to any discovery requests that have already been served are STAYED and all ot her deadlines set forth in the 4/9/19 discovery and scheduling order are VACATED. New deadlines will be set, as necessary, upon resolution of the pending motion for judgment on the pleadings. Within 21 days, plaintiff shall file a response to the motion for judgment on the pleadings. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS MANUEL GARCES,

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Plaintiff,

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v.

No. 2:17-cv-0319 JAM AC P

ORDER

J. PICKETT, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Defendants have filed a motion for judgment on the pleadings (ECF No. 66) and

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a motion for a protective order staying discovery during the pendency of the motion for judgment

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(ECF No. 67). Because the pending motion for judgment on the pleadings is potentially fully

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dispositive, and judgment on the pleadings does not require the submission of evidence, the

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motion to stay discovery will be granted. The pretrial motions deadline will also be vacated.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ motion for a protective order staying discovery (ECF No. 67) is granted.

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2. The deadlines for responding to any discovery requests that have already been served

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are stayed and all other deadlines set forth in the April 9, 2019 discovery and scheduling order

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(ECF No. 60) are vacated. New deadlines will be set, as necessary, upon resolution of the

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pending motion for judgment on the pleadings.
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3. Within twenty-one days of service of this order, plaintiff shall file a response to the

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motion for judgment on the pleadings. Failure to respond to the motion will result in a

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recommendation that this action be dismissed for failure to prosecute.

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DATED: May 9, 2019

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