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Hughes v. Kernan, 2:11-cv-01856-KJM-EFB. (2018)

Court: District Court, E.D. California Number: infdco20181115845 Visitors: 17
Filed: Nov. 14, 2018
Latest Update: Nov. 14, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO STAY DEADLINES AND DISCOVERY PENDING RESOLUTION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND TO EXTEND SUMMARY JUDGMENT DEADLINES EDMUND F. BRENNAN , Magistrate Judge . In view of Defendants' pending motion for summary judgment for failure to exhaust administrative remedies (ECF No. 132) ("Defendants' pending motion"), Defendants Diaz (substituted in for Kernan under Fed R. Civ. Proc. 25(d)) and Pfeiffer, on the one hand, and Plaintiff Hughes, on
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STIPULATION AND [PROPOSED] ORDER TO STAY DEADLINES AND DISCOVERY PENDING RESOLUTION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND TO EXTEND SUMMARY JUDGMENT DEADLINES

In view of Defendants' pending motion for summary judgment for failure to exhaust administrative remedies (ECF No. 132) ("Defendants' pending motion"), Defendants Diaz (substituted in for Kernan under Fed R. Civ. Proc. 25(d)) and Pfeiffer, on the one hand, and Plaintiff Hughes, on the other, agree that discovery in this matter (apart from discovery related to exhaustion of administrative remedies) should be stayed, and that the deadlines regarding discovery and dispositive motions should be vacated, pending the resolution of Defendants' motion.

In addition, because Plaintiff's counsel is currently preparing for a trial in another matter, and because of the upcoming holidays, the parties agree that the deadlines for the opposition and reply to Defendants' pending summary judgment motion should be extended.

Therefore, the parties hereby stipulate and request an order as follows:

(1) That all deadlines in the case (including the December 5, 2018 deadline to serve discovery requests, the January 29, 2019 discovery cutoff, and the March 19, 2019 deadline to file dispositive motions) are vacated pending resolution of Defendants' pending motion;

(2) That all discovery in the case (apart from discovery related to exhaustion of administrative remedies) is stayed pending resolution of Defendants' pending motion;

(3) That the deadline for Plaintiff to respond to Defendants' motion for summary judgment (ECF No. 132) be extended until December 17, 2018;

(4) That the deadline for Defendants to file a reply brief regarding Defendants' motion for summary judgment (ECF No. 132) be extended until January 3, 2019; and

(5) That following the resolution of Defendants' pending motion for summary judgment, the Court shall issue a new scheduling order if needed.

IT IS SO ORDERED.

Source:  Leagle

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