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Allen B. Williams v. Matthew Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 12, 2012

ALLEN B. WILLIAMS,
PLAINTIFF,
v.
MATTHEW CATE, ET AL.,
DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER VACATING TRIAL DATE; TRIAL CONFIRMATION DATE AND ALL DEADLINES SET FORTH IN THE THIRD SCHEDULING ORDER; ORDER GRANTING MOTION TO AMEND DISCOVERY AND SCHEDULING ORDER (Docs. 102, 103)

I. Procedural History

Plaintiff Allen B. Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 4 2 U.S.C. § 1983. On December 29, 2011, the Court issued its Third Scheduling Order. (Doc. 99) Despite that this matter has been pending for nearly three years, Plaintiff now moves for an order amending the Third Scheduling Order and continuing the trial date, to allow identification and location of key witnesses and other pretrial preparation. (Doc. 103) Likewise, Defendants request that the trial date be vacated to allow the filing of a dispositive motion *fn1 and because Defendant Bradley has been deployed to Afghanistan on a year-long contract. (Doc. 102) Plaintiff reports that he has spoken with defendants counsel about Defendants' request to continue the trial date and Plaintiff concurs with this request. (Doc. 103 at 2)

ORDER

In light of Defendant Bradley's military deployment, the Court ORDERS

1. The trial date, currently set on March 6, 2012 is VACATED ;

2. The trial confirmation hearing, currently set on February 3, 2012 is VACATED ;

3. All deadlines set forth in the Third Scheduling Order are VACATED ;

4. Defendants' request to amend the Discovery and Scheduling Order is GRANTED . Any dispositive motion SHALL be filed no later than February 24, 2012;

5. Defendants SHALL file a status report related to Defendant Bradley's military service, including such details as when he is expected to return from his military duty and whatever other information is pertinent within 30 days of service of this order.

IT IS SO ORDERED.


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