Dunbar v. Darrett

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EDDIE DUNBAR, Case Nos. 23-cv-00905-AMO (PR) Plaintiff, 8 v. ORDER DENYING REQUEST TO 9 STAY MERITS-BASED DISCOVERY;

AND DIRECTING DEFENDANTS TO 10 A. DAHLBERG, et al., FILE ONE MOTION FOR SUMMARY Defendants. JUDGMENT 11 Re: Dkt. No. 32

13 EDDIE DUNBAR, Case No. 23-cv-00906-AMO (PR) 14 Plaintiff, 15 ORDER DENYING REQUEST TO v. STAY MERITS-BASED DISCOVERY; 16 AND DIRECTING DEFENDANTS TO G. DARRETT, et al., FILE ONE MOTION FOR SUMMARY 17 JUDGMENT Defendants. 18 Re: Dkt. No. 29 19 Before the Court in the above-captioned actions are Defendants’ administrative motions to 20 stay merits-based discovery pending resolution of a summary-judgment motion based on Heck v. 21 Humphrey, 512 U.S. 477 (1994), and if the Court denies the motion, for an extension of time to 22 file a second, merits-based summary-judgment motion sixty-days from the date the Court issues 23 its order denying the Heck motion. 24 Prior to the instant motions, Defendants requested in each action “that the Court modify its 25 scheduling order and set a new briefing schedule that accommodates Defendants’ need to 26 investigate facts and prepare a summary-judgment or other dispositive motion.” Dkt. 30 at 2 in 27 1 granted Defendants’ requests to set a new briefing schedule in both actions, and the motions for 2 summary judgment are due on June 25, 2024. See Dkt. 31 in Case No. 23-cv-00905-AMO (PR); 3 Dkt. 28 in Case No. 23-cv-00906-AMO (PR). 4 Defendants’ administrative motions to stay merits-based discovery and file more than one 5 || motion for summary judgment are DENIED. See Standing Order for Civil Cases, Section E.1. 6 || Moreover, the Court has already granted Defendants a previous extension of time to file their 7 motions for summary judgment. 8 Accordingly, Defendants shall file one motion for summary judgment in each case no later 9 than June 25, 2024. The plaintiffs opposition must be submitted in each case no later than 10 || twenty-eight (28) days after the date on which Defendants’ motion is filed. Defendants shall file 11 a reply brief in each case no later than fourteen (14) days after the plaintiffs opposition is filed. 12 This Order terminates Docket No. 32 in Case No. 23-cv-00905-AMO (PR) and Docket No. 5 13 29 in Case No. 23-cv-00906-AMO (PR). IT IS SO ORDERED. 15 Dated: May 21, 2024 16 ( Nnacel. Med 8 ARACELI MARTINEZ-OLGUIN United States District Judge 19 20 21 22 23 24 25 26 27 28