(PC) Borbon v. Smiley et al, No. 2:2019cv01464 - Document 41 (E.D. Cal. 2020)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2020 GRANTING Defendants' 38 motion to stay discovery and to vacate the discovery and dispositive motion deadlines. Discovery is STAYED pending resolution of the 3/6/2020 findings and recommendations; the discovery and dispositive motion deadlines are VACATED; the court will reset these deadlines, if necessary, following resolution of the 3/6/2020 findings and recommendations. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICARDO BORBON, 12 13 14 No. 2: 19-cv-1464 KJM KJN P Plaintiff, v. ORDER D. SMILEY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On December 20, 2019, defendants filed a summary judgment motion. 19 Plaintiff failed to oppose defendants’ summary judgment motion. Accordingly, on March 6, 20 2020, the undersigned recommended that this action be dismissed pursuant to Federal Rule of 21 Civil Procedure 41(b). These findings and recommendations are pending with the district court. 22 On February 13, 2020, defendants filed a motion to stay discovery and to vacate the 23 discovery and dispositive motion deadlines in the court’s discovery and scheduling order, pending 24 resolution of their summary judgment motion. (ECF No. 38.) Good cause appearing, defendants’ 25 motion (ECF No. 38) is granted. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 Defendants’ motion to stay discovery and to vacate the discovery and dispositive motion deadlines (ECF No. 38) is granted; 1 1 2. Discovery is stayed pending resolution of the March 6, 2020 findings and 2 recommendations; the discovery and dispositive motion deadlines are vacated; the 3 court will reset these deadlines, if necessary, following resolution of the March 6, 4 2020 findings and recommendations. 5 Dated: April 22, 2020 6 7 8 Borb1464.sta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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