(PC) Witkin v. Wise et al

Filing 72

ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/21 ORDERING the parties may conduct discovery as to the claims discussed in this order by 3/26/2021; Pretrial motions, except motions to compel discovery, shall be filed on or before 5/28/2021. (Yin, K)

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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 MICHAEL WITKIN, 12 No. 2: 19-cv-0974 KJM KJN P Plaintiff, 13 v. 14 D. WISE, et al., 15 ORDER Defendants. 16 17 On December 2, 2020, the court granted plaintiff’s motion to file a second amended 18 complaint to add a due process and related state law claim against defendant Wise. (ECF No. 19 65.) The court also granted defendants’ motion for partial summary judgment as to plaintiff’s 20 retaliation and related state law claims. (Id.) 21 22 23 On January 4, 2021, defendants filed an answer to plaintiff’s second amended complaint. (ECF No. 70.) The undersigned herein re-sets the discovery and dispositive motion deadlines. Pursuant 24 to orders and findings and recommendations filed July 22, 2020, September 16, 2020, and 25 December 2, 2020, the undersigned orders that defendants may conduct discovery as to 26 plaintiff’s Eighth Amendment claims and related state law claims and plaintiff’s due process 27 claim and related state law claim against defendant Wise. (ECF Nos. 45, 56, 65.) The 28 undersigned also orders that plaintiff may conduct discovery as to his due process and related 1 1 state law claim against defendant Wise, i.e., those claims the court granted plaintiff leave to 2 amend in the December 2, 2020 order. (ECF Nos. 45, 56, 65.) 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The parties may conduct discovery as to the claims discussed above until March 26, 5 2021. Any motions necessary to compel discovery shall be filed by that date. All 6 requests for discovery pursuant to Federal Rules of Civil Procedure 31, 33, 34 or 36 7 shall be served not later than sixty days prior to that date; 8 2. All pretrial motions, except motions to compel discovery, shall be filed on or before 9 May 28, 2021. Unless otherwise ordered, all motions to dismiss, motions for summary 10 judgment, motions concerning discovery, motions pursuant to Federal Rules of Civil 11 Procedure 7, 11, 12, 15, 41, 55, 56 and 60, and Local Rule 110, shall be briefed 12 pursuant to Local Rule 230(l). Failure to timely oppose such a motion may be deemed 13 a waiver of opposition to the motion. L.R. 230(l). Unsigned affidavits or declarations 14 will be stricken, and affidavits or declarations not signed under penalty of perjury have 15 no evidentiary value. Opposition to all other motions need be filed only as directed by 16 the court. 17 Dated: January 7, 2021 18 19 20 21 22 Wit974.dis 23 24 25 26 27 28 2

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