Cassano v. Johnson et al

Filing 22

ORDER by Judge William Alsup granting 18 Motion to Stay; granting 21 Motion for Extension of Time to File Response/Reply re 16 MOTION to Dismiss Plaintiff's Complaint. Responses due by 8/1/2013. Replies due by 8/15/2013. (Attachments: # 1 Certificate/Proof of Service) (dt, COURT STAFF) (Filed on 6/10/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-5144 WHA (PR)
ORDER GRANTING MOTION TO
STAY DISCOVERY AND MOTION
FOR EXTENSION OF TIME;
INSTRUCTIONS TO CLERK TO REISSUE SUMMONS FOR SERVICE

Plaintiff,
For the Northern District of California

United States District Court

GARY CASSANO,
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v.
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M. JOHNSON, MR. ROGERS, C.O.
HILL; SERGEANT BOHANNON;,

(Docket Nos. 18, 21)

Defendants
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Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42
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U.S.C. 1983. After a review of the complaint, it was ordered served upon two of the
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defendants, M. Johnson and Mr. Rogers. According to plaintiff, both of the these defendants
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were located at the California Training Facility (“CTF”). The United States Marshal was only
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able to serve Rogers there, as CTF officials informed the Marshal that M. Johnson is now
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located at Pleasant Valley State Prison. Rogers has filed a motion to dismiss the claims against
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him under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff has filed a motion
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for an extension of time to oppose Rogers’s motion to dismiss, and Rogers has filed a motion to
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stay discovery until his motion to dismiss is resolved.
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It is hereby ordered as follows:
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1. The clerk shall issue summons and the United States Marshal shall serve, without
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prepayment of fees, a copy of the complaint with all attachments thereto, a copy of the order of

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service (dkt.7) and a copy of this order upon defendant M. Johnson at the Pleasant Valley

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State Prison, P.O. Box 8500, Coalinga, California, 93210.

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2. Defendants Rogers and Johnson shall file an answer to the complaint in accordance
with the Federal Rules of Civil Procedure.

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3. Good cause appearing, plaintiff’s motion for an extension of time in which to file an

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opposition to defendant Rogers’s motion to dismiss is GRANTED. The opposition is due on or

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before August 1, 2013. Defendant Rogers shall file a reply brief within 14 days of the date the

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opposition is filed.

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4. Defendant Rogers’s motion to stay discovery until resolution of his motion to dismiss
is GRANTED. This stay will automatically lift on the date of any order denying the motion to

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For the Northern District of California

United States District Court

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dismiss in full or in part.

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IT IS SO ORDERED.

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Dated: June

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, 2013.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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