Scott v. Antioch Police Department et al

Filing 39

ORDER GRANTING PLAINTIFF'S EXTENSION OF TIME TO RESPOND TO DISCOVERY; by Judge Lucy H. Koh denying 34 Motion for Discovery; denying 37 Motion for Summary Judgment WITHOUT PREJUDICE (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 11/9/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EDJUAN C. SCOTT,

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Plaintiff,
v.

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OFFICER JOHN FORTNER, et al.,
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Defendants.
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No. C 09-0720 LHK (PR)
ORDER GRANTING
PLAINTIFF’S EXTENSION OF
TIME TO RESPOND TO
DISCOVERY; DENYING
DEFENDANTS’ MOTION FOR
DISCOVERY; DENYING
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
WITHOUT PREJUDICE

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Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint
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pursuant to 42 U.S.C. § 1983. On September 16, 2011, Defendants filed a motion for discovery,
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stating that Plaintiff failed to respond to their discovery requests. On October 6, 2011, Plaintiff
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filed a letter to the Court, requesting that he receive a 90-day extension of time to respond to
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Defendants’ requests for discovery so that he can “avoid having [his] criminal case impeded by
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the civil case.” (Docket No. 36.) On October 31, 2011, Defendants filed a timely motion for
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summary judgment.
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Plaintiff’s motion for an extension of time to file a response to discovery requests is
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GRANTED. Plaintiff shall file responses to Defendants’ outstanding requests for discovery no
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later than 60 days from the date this order is filed. In light of this extension of time, Defendants’
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motion for discovery is DENIED without prejudice as premature. Defendants’ motion for
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Order Granting Plaintiff’s Extension of Time to Respond to Discovery; Denying Defendants’ Motion for Discovery;
Denying Defendants’ Motion for Summary Judgment without Prejudice
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summary judgment is also DENIED without prejudice to renewal once Defendants receive

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Plaintiff’s discovery responses.

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Defendants shall file their renewed motion for summary judgment, or other dispositive

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motion, no later than 120 days from the date of this order. Plaintiff shall file his opposition 30

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days thereafter. Defendants shall file their reply 15 days after Plaintiff’s opposition is filed.

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This order terminates docket numbers 34 and 37.
IT IS SO ORDERED.
11/4/11
DATED:
LUCY H. KOH
United States District Judge

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Order Granting Plaintiff’s Extension of Time to Respond to Discovery; Denying Defendants’ Motion for Discovery;
Denying Defendants’ Motion for Summary Judgment without Prejudice
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