Kindred v. California Department of Mental Health et al

Filing 45

ORDER signed by Magistrate Judge Gary S. Austin on 5/30/2012 granting 44 Motion and extension of deadlines. (Discovery due by 10/15/2012; Dispositive Motions filed by 12/17/2012). (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD S. KINDRED,

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Plaintiff,
vs.
CALIFORNIA DEPARTMENT
OF MENTAL HEALTH, et al.,

1:08-cv-01321-AWI-GSA-PC
ORDER GRANTING DEFENDANT’S MOTION
AND EXTENDING DEADLINES FOR ALL
PARTIES TO THIS ACTION
(Doc. 44.)
New Discovery Cut-Off Date:

10/15/2012

New Dispositive Motion Deadline:

12/17/2012

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Defendants.
___________________________/
Plaintiff is a civil detainee proceeding pro se in this civil rights action pursuant to 42
U.S.C. § 1983. This case is presently in the discovery phase.
On May 29, 2012, defendant Devine (“Defendant”) filed a motion for stay of the

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discovery schedule for this action, or in the alternative, for modification of the Court’s

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scheduling order. (Doc. 44.) Specifically, Defendant requests additional time to conduct

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discovery, in light of the fact that service upon one of the defendants is currently pending.

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Modification of the Court’s scheduling order requires a showing of good cause, Fed. R.

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Civ. P. 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking

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the modification of a scheduling order must generally show that even with the exercise of due

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diligence, they cannot meet the requirement of the order. Id. A party may obtain relief from

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the court’s deadline date for discovery by demonstrating good cause for allowing further

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discovery. Fed. R. Civ. P. 16(b)(4).

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The Court issued a scheduling order on October 20, 2011, establishing a deadline of

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June 20, 2011 for the parties to complete discovery. (Doc. 38.) Defendant argues that

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discovery should be stayed or extended, because service upon one of the defendants is currently

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pending, and it is in the interest of judicial economy to coordinate the discovery and dispositive

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motion deadlines for each defendant. Counsel for Defendant asserts that she canceled the

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deposition scheduled for Plaintiff in anticipation that counsel could represent both defendants at

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a rescheduled deposition after service is completed, rather than conduct two separate

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depositions. (Declaration of Lisa Tillman, Doc. 44-1 at ¶¶4-7.) Counsel also asserts that due to

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her busy schedule, she is unable to complete discovery in this matter by the current deadline.

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(Id. at ¶¶8-11.)

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Defendant has have presented good cause for extending the discovery deadline. Good

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cause appearing, the deadline for completion of all discovery, including the filing of motions to

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compel, shall be extended for all parties to this action to October 15, 2012. In light of this

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extension, the deadline for filing pretrial dispositive motions shall also be extended for all

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parties to this action to December 17, 2012. The parties are advised to refer back to the

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Court’s scheduling order of October 20, 2011, for instruction about conducting discovery.

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(Doc. 38.) All other provisions of the Court’s scheduling order shall remain the same.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Defendant’s motion to modify the Court’s scheduling order of October 20, 2011,
is GRANTED for all parties to this action;

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All discovery, including the filing of motions to compel, formerly to be
completed by June 20, 2012, shall be completed by October 15, 2012;

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3.

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The deadline for serving and filing pre-trial dispositive motions, formerly
August 30, 2012, is extended to December 17, 2012; and

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4.

All other provisions of the Court’s scheduling order remain the same.

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IT IS SO ORDERED.

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Dated:
6i0kij

May 30, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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