Witkin v. Pittsley

Full title: MICHAEL AARON WITKIN, Plaintiff, v. M. PITTSLEY, Defendant.

Court: United States District Court, Eastern District of California

Date published: Aug 9, 2023

2:22-cv-1211 WBS KJN P (E.D. Cal. Aug. 9, 2023)

Opinion

2:22-cv-1211 WBS KJN P

08-09-2023

MICHAEL AARON WITKIN, Plaintiff, v. M. PITTSLEY, Defendant.

KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

ORDER

KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

Plaintiff is a former state prisoner, proceeding without counsel. On August 7, 2023, counsel for defendant filed a request to vacate the settlement conference and asked the court to file a scheduling order for discovery and dispositive motion deadlines. (ECF No. 15.) On August 8, 2023, Judge Claire vacated the August 10, 2023 settlement conference. (ECF No. 16.)

In light of defendant's request, the ADR stay of this action is lifted. Defendant's request that the court issue a scheduling order is denied because defendant has not yet filed a responsive pleading. Defendant is directed to file a responsive pleading within thirty days from the date of this order.

Accordingly, IT IS HEREBY ORDERED that:

1. Defendant's request (ECF No. 15) is partially granted;

2. The ADR stay of this action (ECF No. 12) is lifted; and

3. Within thirty days from the date of this order, defendant shall file a responsive pleading.