Linderman v. Cedeno et al

Filing 61

ORDER denying 56 Motion to Stay and Extending Pre-Trial Deadlines. Discovery to be completed by 9/28/2012, Dispositive motions due by 11/30/2012 and Joint Status Report due by 2/22/2013, signed by Magistrate Judge Karen L Strombom.(MET) cc: plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GARRETT LINDERMAN,
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Plaintiff,
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v.

NO. C10-5897 RBL/KLS

RUBEN CEDENO, DEVON SCHRUM,
KAREN BRUNSON, TAMARA
ROWDEN, TANJA CAIN, JULIE
SMITH, CARROLL RIDDLE, TRACY
SCHNEIDER, KERRI McTARSNEY,
CANDACE PALMER, ALVA
MOSELY, DIANE WINTERS, KARIN
ASHTON, LIZETH NESBITT, DAVID
MOHN, OTTO MILLER, LESTER
SCHNEIDER, and JANE/JOHN DOES,

ORDER DENYING MOTION TO
STAY AND EXTENDING PRETRIAL DEADLINES

Defendants.

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Before the Court is Plaintiff’s Motion for Order Staying All Case Proceedings Except
For Service of Defendant Miller. ECF No. 56. Plaintiff’s motion relating to service of
Defendant Otto Miller (ECF No. 55) is addressed under separate Order. Having reviewed the

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motion to stay, Defendants’ response (ECF No. 57), and Plaintiff’s reply (ECF No. 58), the
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Court finds that a stay is not appropriate. However, an extension of the pre-trial deadlines is

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warranted. Plaintiff is currently awaiting shipment of 13 boxes of personal property from

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Washington State Penitentiary (WSP) which includes his legal and reference books, along

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with evidence that he intends to use in this case. Plaintiff maintains that he identified this

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material to be placed and sent in the two free boxes, which are shipped at DOC expense, when

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ORDER - 1

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he was recently transferred from WSP to Olympic Corrections Center (OCC) near Forks,

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Washington, but the DOC failed to include the material in the two free boxes. ECF No. 58, at

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10. Plaintiff has until May 21, 2012 to arrange for shipment of his remaining boxes. Id.
Plaintiff is also concerned that he will have sufficient time to file a motion for temporary

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restraining order.

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Accordingly, the Court ORDERS:

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(1)

Plaintiff’s motion to stay ((ECF NO. 56) is DENIED.

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(2)

The pre-trial deadlines are extended as follows: (1) discovery shall be

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completed by September 28, 2012; (2) dispositive motions shall be filed by November 30,
2012; and (3) the parties’ joint status report shall be filed by February 22, 2013.

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(3)

The Clerk is directed to send copies of this Order to Plaintiff and to counsel for

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Defendants.
DATED this 18th day of April, 2012.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2