Tate v. Andres

Filing 58

ORDER signed by Magistrate Judge Allison Claire on 4/30/20 VACATING 57 Motion for Summary Judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEREK TATE,

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Plaintiff,

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No. 2:18-cv-0822 KJM AC P

v.

ORDER

J. ANDRES,

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Defendants.

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By order field April 27, 2020, the court granted plaintiff’s motion to compel and ordered

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defendant to provide a supplemental response to plaintiff’s request for production. ECF No. 56 at

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6. Plaintiff was also given the opportunity to file a motion for sanctions in the event defendant

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fails to comply with the order. Id. at 7. Because the order directed the production of additional

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documents that would potentially be material to opposing a motion for summary judgment, the

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dispositive motion deadline was vacated, to be re-set once the discovery matter was resolved. Id.

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at 6-7. Two days later, defendant filed his motion for summary judgment. ECF No. 57. Because

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defendant’s supplemental discovery response is still outstanding and the matter has not yet been

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resolved, defendant’s summary judgment motion will be vacated. Defendant will have an

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opportunity to file a motion for summary judgment motion after the discovery matter has been

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fully resolved and a new dispositive motion deadline has been set.

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Accordingly, IT IS HEREBY ORDERED that defendant’s motion for summary judgment,

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ECF No. 57, is vacated.

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DATED: April 30, 2020

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