(PC) Holmes v. Baughman et al

Filing 100

ORDER signed by Magistrate Judge Deborah Barnes on 06/05/2024 GRANTING 98 Motion to Modify Scheduling Order; and LIFTING the 06/04/2024 deadline for filing dispositive merits-based motions. (Lopez, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRAVELL C. HOLMES,

Case No. 2:20-cv-01496 DAD DB P

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v.

Plaintiff, ORDER GRANTING DEFENDANTS’
REQUEST TO MODIFY THE
SCHEDULING ORDER

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DAVID BAUGHMAN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C.

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§1983. Plaintiff alleges defendants were deliberately indifferent to his medical needs when they

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required him to use stairs despite having a “no stairs chrono” and he fell injuring his knee. On

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February 8, 2024, this court set a 60-day deadline for dispositive motions. (ECF No. 95.) This

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court later granted defendants’ request for an extension of that deadline. (ECF No. 97.) On June

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4, 2024, defendants filed a timely motion for summary judgment. (ECF No. 99.) In that motion,

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defendants argue that this action is untimely and plaintiff is not entitled to equitable tolling of the

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statute of limitations.

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Defendants also move for an order which would permit them to file a second, merits-based
motion for summary judgment if the court denies the current motion. This court agrees with

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defendants that litigating the statute of limitations issue first, and addressing the merits later if

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necessary, is the most efficient and cost-effective way to proceed.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to modify the scheduling order (ECF No. 98) is granted;

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2. The June 4, 2024 deadline for filing dispositive merits-based motions is lifted. If the

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court denies defendants’ pending summary judgment motion, defendants may file a

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merits-based summary judgment motion within 60 days of the final decision on their

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pending summary judgment motion.

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Dated: June 5, 2024

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DLB:9
DB prisoner inbox/civil rights/R/holm1496.am sch or