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Cardwell v. Kettelhake

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 10, 2010

CHRISTOPHER W. CARDWELL, PLAINTIFF,
v.
A. KETTELHAKE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: James L. Robart United States District Judge

ORDER REGARDING PRE-TRIAL DISPOSITIVE MOTIONS

This matter comes before the court on Plaintiff Christopher W. Cardwell's motions (1) to extend the deadline for filing motions in limine (Dkt. # 53), (2) to postpone consideration of Defendants' motion for summary judgment (Dkt. # 57), and (3) to file pre-trial dispositive motions (Dkt. # 55).

First, as the court has not yet set a deadline for filing motions in limine, a motion to extend this deadline is premature. (See Scheduling Order (Dkt. # 34).) The court therefore STRIKES Mr. Cardwell's motion to extend the deadline for filing motions in limine (Dkt. # 53).

Second, the court construes Mr. Cardwell's motion to postpone consideration of Defendants' motion for summary judgment (Dkt. # 57) as a motion for an extension of time to file a response to Defendants' motion. Mr. Cardwell asks that the deadline for filing his response to Defendants' motion for summary judgment be extended until July 2, 2010, because he did not receive Defendants' motion for nearly two weeks after the motion was filed. Defendants filed a notice of non-opposition to Mr. Cardwell's motion for an extension. (Dkt. # 59.) Mr. Cardwell did in fact file his response to Defendants' motion on July 2, 2010. (Dkt. # 63.) Accordingly, finding good cause to modify the scheduling order, the court GRANTS Mr. Cardwell's motion to postpone consideration of Defendants' motion for summary judgment (Dkt. # 57).

Third, Mr. Cardwell asks that the deadline for filing pre-trial dispositive motions be extended because he lacked access to his legal materials and case files while he was housed in administrative segregation. (Dkt. # 55 at 1-2.) Defendants filed a notice of non-opposition to Mr. Cardwell's motion for an extension. (Dkt. # 54.) Accordingly, finding good cause to modify the scheduling order, the court GRANTS Mr. Cardwell's motion for an extension of time to file pre-trial dispositive motions (Dkt. # 55). Mr. Cardwell shall file his pre-trial dispositive motion, if any, with respect to Defendants Glenn W. James, Alan Kettelhake, Mary C. Miller, and Virginia Unterreiner*fn1 by no later than October 13, 2010.


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