McClintock v. Cooper et al

Filing 92

ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2021 GRANTING 91 Motion for Extension of Time; ORDERING Defendant J. Cantu to serve her revised interrogatory responses by 3/5/2021; and RESETTING the dispositive motion deadline to 4/20/2021. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN McCLINTOCK,

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Plaintiff,

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No. 2: 18-cv-0560 JAM KJN P

v.

ORDER

T. COOPER, et al.,

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Defendants.

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

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to 42 U.S.C. § 1983. Pending before the court is defendants’ motion for an extension of time to

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serve plaintiff with revised interrogatory responses and to file a dispositive motion. (ECF No.

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91.)

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The dispositive motion deadline is February 20, 2021. (ECF No. 85.)

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On December 4, 2020, the undersigned granted plaintiff’s motion to compel as to revised

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interrogatories addressed to defendants L. Cantu and J. Cantu. (ECF No. 83.) The undersigned

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ordered defendants to serve the revised interrogatory responses within thirty days. (Id.)

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In the pending motion, defendants state that defense counsel has come across information

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indicating there was a second Officer J. Cantu who worked in plaintiff’s assigned facility at Mule

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Creek State Prison (“MCSP”) during the events at issue. (ECF No. 91 at 1.) Defense counsel and

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plaintiff met and conferred several times to determine which Officer J. Cantu plaintiff intended to
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sue. (Id. at 1-2.) Defense counsel requires additional time to prepare a stipulation to have the

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correct Officer J. Cantu substituted into the case, and to have that stipulation reviewed and signed

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by plaintiff. (Id. at 2.) Defendants also require additional time to file an amended answer on this

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second Officer J. Cantu’s behalf and to serve plaintiff with revised interrogatory responses from

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the correct defendant J. Cantu. (Id.)

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Defendants request an extension of time until March 5, 2021, for the correct defendant J.

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Cantu to serve her revised interrogatory responses. Defendant request that the court take the

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dispositive motion deadline off calendar, to be reset after the Officer J. Cantu issue has been

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resolved.

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The undersigned appreciates defense counsel’s actions in resolving the issue regarding

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defendant J. Cantu. However, rather than vacating the dispositive motion deadline, the

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undersigned extends this deadline by sixty days. If defendants require additional time to file their

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summary judgment motion, they may file a request for extension of time.

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Accordingly, IT IS HEREBY ORDERED that:

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2. Defendant J. Cantu shall serve her revised interrogatory responses by March 5, 2021;

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3. The dispositive motion deadline is reset to April 20, 2021.

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Defendants’ motion for extension of time (ECF No. 91) is granted;

Dated: February 10, 2021

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