Frederick v. California Department of Corrections and Rehabilitation et al

Filing 110

ORDER SETTING SCHEDULE FOR FILING OF CROSS-MOTION FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on April 1, 2011. (mmcsec, COURT STAFF) (Filed on 4/1/2011)

Frederick v. California Department of Corrections and Rehabilitation et al

Doc. 110

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) v. ) CALIFORNIA DEPARTMENT ) ) OF CORRECTIONS AND ) REHABILITATION, ) ) Defendant. ____________________________ ) JERRY M. FREDERICK, No. C 08-2222 MMC (PR) ORDER SETTING SCHEDULE FOR FILING OF CROSS-MOTION FOR SUMMARY JUDGMENT

On April 29, 2008, plaintiff, a California prisoner then incarcerated at the Correctional Training Facility at Soledad and proceeding pro se, filed the above-titled civil rights action.1 Thereafter, the Court found the complaint stated cognizable claims for injunctive relief and damages under Title II of the Americans with Disabilities Act of 1990, 42 U.S.C.§ 12101 et seq. ("ADA"), and ordered the complaint served on the California Department of Corrections and Rehabilitation ("CDCR"). The Court subsequently denied CDCR's motion for summary judgment and referred the matter to Magistrate Judge Nandor Vadas for settlement proceedings, which proceedings took place on March 22, 2011. The parties did not reach a settlement agreement. Plaintiff currently is incarcerated at the Sierra Conservation Center, in Jamestown, California.
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Now pending before the Court are plaintiff's motion for summary judgment and defendant's notice of intent to file a cross-motion for summary judgment and request for a scheduling order. Good cause appearing, the Court hereby SETS the following briefing schedule: Defendant shall file a cross-motion for summary judgment no later than June 2, 2011. Plaintiff shall file his opposition to defendant's motion no later than July 5, 2011. Defendant shall file a reply to plaintiff's opposition no later than July 19, 2011. IT IS SO ORDERED. DATED: April 1, 2011 _____________________________ MAXINE M. CHESNEY United States District Judge

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