1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 MICHAEL MCCURTY, 8 Case No. 21-cv-04600-YGR (PR) Plaintiff, 9 ORDER REOPENING ACTION; v. LIFTING STAY; AND SETTING 10 BRIEFING SCHEDULE G. G. LOPEZ, et al., 11 Defendants. 12

13 Plaintiff, a state prisoner currently being held in custody at the California Training Facility 14 (“CTF”), filed a pro se civil rights complaint pursuant to

stemming from alleged 15 constitutional violations at CTF. 16 In an Order dated August 31, 2022, the Court referred this action and plaintiff’s other 17 pending matter to the Pro Se Prisoner Mediation Program and to stay these cases pending global 18 settlement proceedings. Dkt. 13. In plaintiff’s other pending action, McCurty v. Madsen, Case 19 No. 21-cv-05435-YGR (PR), the parties “stipulate[d] to participate in a settlement conference 20 before a federal magistrate.” Dkt. 11 at 1 in Case No. 21-cv-05435-YGR (PR). Thus, the Court 21 noted that it “seem[ed] to be in the best interests of all parties and of the Court to make a concerted 22 effort to see if the parties can resolve both cases together through a global settlement process.” 23 Dkt. 13 at 1 fn. 1. The Order stated that, if necessary, the Court will issue a further briefing 24 scheduling after the settlement proceedings.

. 25 On October 15, 2022, the Honorable Judge Robert M. Illman notified the Court that the 26 parties were unable to reach an agreement. Dkt. 18. Accordingly, the Court hereby LIFTS the 27 stay in the instant action, and the Clerk of the Court shall REOPEN the case file. The parties are 1 CONCLUSION 2 For the foregoing reasons, the Court orders as follows: 3 1. The Court LIFTS the stay in the instant action, and the Clerk shall REOPEN the 4 file. 5 2. The parties shall abide by the following briefing schedule: 6 a. No later than sixty (60) days from the date of this Order, defendants shall 7 file a motion for summary judgment, which must be accompanied by a Rand1 notice so that 8 plaintiff will have fair, timely and adequate notice of what is required of him in order to oppose 9 the motion. Woods v. Carey,

(9th Cir. 2012). If defendants are of the opinion 10 that this case cannot be resolved by summary judgment, they shall so inform the Court prior to the 11 summary judgment motion deadline. 12 b. Plaintiff’s opposition to the motion for summary judgment shall be filed 13 with the Court and served on defendants no later than twenty-eight (28) days after the date on 14 which defendants’ motion is filed. Plaintiff shall refer to the Court’s January 29, 2020 Order of 15 Partial Dismissal and Service for a further explanation on summary judgment. See Dkt. 11 at 6-7. 16 c. Defendants shall file a reply brief no later than fourteen (14) days after the 17 date the opposition is filed. The motion shall be deemed submitted as of the date the reply brief is 18 due. No hearing will be held on the motion unless the Court so orders at a later date. 19 3. All communications by the plaintiff with the Court must be served on defendants’ 20 counsel by mailing a true copy of the document to defendants’ counsel. 21 4. It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court 22 informed of any change of address and must comply with the Court’s orders in a timely fashion. 23 Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address changes 24 while an action is pending must promptly file a notice of change of address specifying the new 25 address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint when: (1) mail 26 directed to the pro se party by the Court has been returned to the Court as not deliverable, and 27 1 (2) the Court fails to receive within sixty days of this return a written communication from the pro 2 || se party indicating a current address. See L.R. 3-11(b). 3 5. Upon a showing of good cause, requests for a reasonable extension of time will be 4 || granted provided they are filed on or before the deadline they seek to extend. 5 IT IS SO ORDERED. 6 Dated: October 11, 2022 7 JU YVONNE GONZALEZ ROGERS 8 United States District Judge 9 10 11 12

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