(PC) Penn v. Warden of Kern Valley State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLIN PENN, Case No. 1:18-cv-01482-AWI-HBK (PC) Plaintiff, ORDER GRANTING DEFENDANTS'
MOTION TO STAY
v. (Doc. No. 67) A. LUCAS, M. HERNANDEZ, and
CHRISTIAN PFEIFFER. ,
15 Defendants. 16 Pending before the Court is Defendants’ motion to modify scheduling order and stay discovery filed September 28, 2022. (Doc. No. 67). Plaintiff has not filed a response and the time to do so has expired. Plaintiff, a prisoner, is proceeding on his second amended complaint against Defendants Lucas, Hernandez, and Pfeiffer as screened. (Doc. Nos. 19, 23, 25). On July 18, 2022, Defendants Hernandez and Pfeiffer filed an exhaustion-based motion for summary judgment. (Doc. No. 54). The motion is ripe but remains pending. The current Scheduling Order require the parties to complete discovery by December 19, 2022 and file merits-based dispositive motions by April 3, 2023. (Doc. No. 46). Defendants seek to stay discovery, or other scheduling 26 …