Opinion
23-cv-00905-AMO (PR) 23-cv-00906-AMO (PR)
05-21-2024
EDDIE DUNBAR, Plaintiff, v. A. DAHLBERG, et al., Defendants. EDDIE DUNBAR, Plaintiff, v. G. DARRETT, et al., Defendants.
ORDER DENYING REQUEST TO STAY MERITS-BASED DISCOVERY; AND DIRECTING DEFENDANTS TO FILE ONE MOTION FOR SUMMARY JUDGMENT RE: DKT. NO. 32
ORDER DENYING REQUEST TO STAY MERITS-BASED DISCOVERY; AND DIRECTING DEFENDANTS TO FILE ONE MOTION FOR SUMMARY JUDGMENT RE: DKT. NO. 29
ARACELI MARTÍNEZ-OLGUÍN UNITED STATES DISTRICT JUDGE
Before the Court in the above-captioned actions are Defendants' administrative motions to stay merits-based discovery pending resolution of a summary-judgment motion based on Heck v. Humphrey, 512 U.S. 477 (1994), and if the Court denies the motion, for an extension of time to file a second, merits-based summary-judgment motion sixty-days from the date the Court issues its order denying the Heck motion.
Prior to the instant motions, Defendants requested in each action “that the Court modify its scheduling order and set a new briefing schedule that accommodates Defendants' need to investigate facts and prepare a summary-judgment or other dispositive motion.” Dkt. 30 at 2 in Case No. 23-cv-00905-AMO (PR); Dkt. 27 at 2 in Case No. 23-cv-00906-AMO (PR). The Court granted Defendants' requests to set a new briefing schedule in both actions, and the motions for summary judgment are due on June 25, 2024. See Dkt. 31 in Case No. 23-cv-00905-AMO (PR); Dkt. 28 in Case No. 23-cv-00906-AMO (PR).
Defendants' administrative motions to stay merits-based discovery and file more than one motion for summary judgment are DENIED. See Standing Order for Civil Cases, Section E.1. Moreover, the Court has already granted Defendants a previous extension of time to file their motions for summary judgment.
Accordingly, Defendants shall file one motion for summary judgment in each case no later than June 25, 2024. The plaintiff's opposition must be submitted in each case no later than twenty-eight (28) days after the date on which Defendants' motion is filed. Defendants shall file a reply brief in each case no later than fourteen (14) days after the plaintiff's opposition is filed.
This Order terminates Docket No. 32 in Case No. 23-cv-00905-AMO (PR) and Docket No. 29 in Case No. 23-cv-00906-AMO (PR).
IT IS SO ORDERED.