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Virgil E. Holt v. R. Nicholas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 6, 2011

VIRGIL E. HOLT,
PLAINTIFF,
v.
R. NICHOLAS, ET AL.,
DEFENDANTS.

ORDER GRANTING SECOND MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF'S DISCOVERY REQUESTS

ORDER GRANTING MOTION TO AMEND DISCOVERY AND SCHEDULING ORDER

Discovery Cut-Off Date - 03/20/2012

Dispositive Motion Deadline - 04/17/2012

(Doc. 58)

I. Factual and Procedural Background

Plaintiff Virgil E. Holt, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 4, 2009. Doc. 1. This action is proceeding on Plaintiff's second amended complaint filed on April 8, 2010, against: 1) Defendants R. Nicholas, A. Holguin, J. Ortega, L. Machado, J. Juden, G. Adame, F. Rivera, R. Valverde, D. Coontz, M. Bubbel, K. Prior, J. Tyree, Large, Soto, Yubeta, Worrell, Vo, Knight, T. Crouch, Pinkerton, and Valasco for violation of the Eighth Amendment; 2) Defendant Holguin for retaliation in violation of the First Amendment and 3) Defendants Carrasco and D. Zanchi for supervisory liability. Doc. 21; Doc. 23, Doc. 28. *fn1

On January 26, 2011, the Court issued a discovery and scheduling order which set the discovery deadline at September 26, 2011 and dispositive motion deadline at December 6, 2011. Doc. 37. On December, 2011, Defendants filed a motion for a second extension of time to respond to Plaintiff's discovery requests and motioned to modify the discovery and scheduling order. Doc. 58. Defendants request a sixty day extension to prepare and serve sixty-nine responses to Plaintiff's discovery requests and to allow an additional sixty days to the dispositive motion deadline. The Court grants Defendants' motions for extension and amendment of the scheduling order. Doc. 58. As Plaintiff will need time to review any discovery provided by Defendants, the Court will extend the deadlines as follows:

1. Defendants motion for extension to respond to Plaintiff's discovery requests is GRANTED and Defendants have SIXTY (60) days from service of this order to respond to Plaintiff's discovery requests.

2. The parties are advised that the deadline for the completion of all discovery, including filing motions to compel, shall be 03/20/2012;

3. The deadline for filing pre-trial dispositive motions shall be 04/17/2012; *fn2

3. A request for an extension of a deadline set in this order must be filed on or before the expiration of the deadline in question ; and

4. Extensions of time will only be granted on a showing of good cause.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE


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