(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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVELL C. HOLMES, Case No. 2:20-cv-01496 DAD DB P 12 13 v. Plaintiff, ORDER GRANTING DEFENDANTS’ REQUEST TO MODIFY THE SCHEDULING ORDER 14 15 DAVID BAUGHMAN, et al., 16 Defendants. 17 18 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 19 §1983. Plaintiff alleges defendants were deliberately indifferent to his medical needs when they 20 required him to use stairs despite having a “no stairs chrono” and he fell injuring his knee. On 21 February 8, 2024, this court set a 60-day deadline for dispositive motions. (ECF No. 95.) This 22 court later granted defendants’ request for an extension of that deadline. (ECF No. 97.) On June 23 4, 2024, defendants filed a timely motion for summary judgment. (ECF No. 99.) In that motion, 24 defendants argue that this action is untimely and plaintiff is not entitled to equitable tolling of the 25 statute of limitations. 26 27 28 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 1 defendants that litigating the statute of limitations issue first, and addressing the merits later if 2 necessary, is the most efficient and cost-effective way to proceed. 3 Accordingly, and good cause appearing, IT IS HEREBY ORDERED that: 4 1. Defendants’ motion to modify the scheduling order (ECF No. 98) is granted; 5 2. The June 4, 2024 deadline for filing dispositive merits-based motions is lifted. If the 6 court denies defendants’ pending summary judgment motion, defendants may file a 7 merits-based summary judgment motion within 60 days of the final decision on their 8 pending summary judgment motion. 9 Dated: June 5, 2024 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLB:9 DB prisoner inbox/civil rights/R/holm1496.am sch or

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