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JOHNSON v. FELKER, 2:12-cv-02719 GEB KJN P. (2014)

Court: District Court, E.D. California Number: infdco20140721661 Visitors: 11
Filed: Jul. 18, 2014
Latest Update: Jul. 18, 2014
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. On July 11, 2014, defendants filed a motion to modify the discovery and scheduling order in light of their intention to file a motion for summary judgment based on plaintiff's alleged failure to exhaust his administrative remedies. Having considered defendants' motion, and good cause appearing therefor, IT IS HEREBY ORDERED that: 1. Defendants' motion to modify (ECF No. 35) is granted; 2. Defendants shall file their motion for summary judgment for f
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ORDER

KENDALL J. NEWMAN, Magistrate Judge.

On July 11, 2014, defendants filed a motion to modify the discovery and scheduling order in light of their intention to file a motion for summary judgment based on plaintiff's alleged failure to exhaust his administrative remedies. Having considered defendants' motion, and good cause appearing therefor, IT IS HEREBY ORDERED that:

1. Defendants' motion to modify (ECF No. 35) is granted;

2. Defendants shall file their motion for summary judgment for failure to exhaust within thirty days from the date of this order;

3. Discovery is stayed until defendants' motion for summary judgment for failure to exhaust is resolved; and

4. Thirty days after the district court rules on defendants' motion for summary judgment for failure to exhaust, the parties may serve discovery requests, if appropriate.

Source:  Leagle

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