Orr v Hernandez
Filing
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ORDER signed by Senior Judge Justin L. Quackenbush on 6/1/2011 DENYING 69 defendants Motion Vacate Scheduling Order; The District Court Executive is directed to enter this Order and provide two copies to pltf, one to his current address on file and one to his believed current location and address at Richard J. Donovan Correctional Facility and to counsel for defendants. (Reader, L)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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6 FRANK ORR,
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) No. CV-08-472-JLQ
Plaintiff,
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) ORDER DENYING MOTION
vs.
) TO VACATE SCHEDULING ORDER
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ADRIANA HERNANDEZ, et al.,
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Defendant.
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___________________________________ )
BEFORE THE COURT is Defendant Hernandez’ Motion to Vacate the Scheduling
14 Order entered December 17, 2010. ECF 59. The discovery cut-off date is July 1, 2011 and
15 dispositive motion deadline August 1. Id. Defense counsel asks the court to vacate the
16 scheduling order pending resolution of the pending resolution of the issue of service on
17 Defendant Medina. Defense counsel indicates he will be unable to timely file a dispositive
18 motion on Medina’ behalf, if Medina is served, because he will need to depose Plaintiff.
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The court’s Scheduling Order only applies to Defendant Hernandez, because he is the
20 only Defendant who has appeared and Answered. Plaintiff’s Second Amended Complaint
21 contains a separate causes of action based on different facts against Defendant Medina
22 (excessive force) and Defendant Hernandez (retaliation). Defense counsel’s attached
23 declaration indicates that he does not need to depose Plaintiff before filing a dispositive
24 motion on Defendant Hernandez’s behalf. Accordingly, there is no need to vacate the
25 Scheduling Order as to claims against Defendant Hernandez. Once Defendant Medina is
26 served and responds to the Second Amended Complaint, the court will issue an amended
ORDER - 1
1 scheduling order which will include new deadlines pertaining to the claims against Defendant
2 Medina.
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The District Court Executive is directed to enter this Order and provide two copies to
4 Plaintiff – one to his current address on file and one to his believed current location and
5 address at Richard J. Donovan Correctional Facility, P.O. Box 799002, San Diego, CA
6 92179. The Court Executive shall also provide copies to counsel for the Defendants.
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Dated this 1st day of June, 2011.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE
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ORDER - 2
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