Smith v. Tallerico et al
Filing
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ORDER DENYING Plaintiff's Motion for Protective Order 48 ; ORDER GRANTING Plaintiff's Motion for Modification of Schedule 50 , signed by Magistrate Judge Dennis L. Beck on 8/23/11: Discovery cut-off date is September 19, 2011 and the Dispositive Motion deadline is October 31, 2011. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CLAUDE RAYMOND SMITH,
CASE NO. 1:08-CV-01817-DLB PC
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Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
FOR PROTECTIVE ORDER (DOC. 48)
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v.
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ORDER GRANTING PLAINTIFF’S MOTION
FOR MODIFICATION OF SCHEDULE
(DOC. 50)
S. TALLERICO, et al.,
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Defendants.
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/
Discovery Cut-off Date: 9/19/2011
Dispositive Motion Deadline: 10/31/2011
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Plaintiff Claude Raymond Smith (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding
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against Defendant C. Boyer for violation of the Eighth Amendment. Pending before the Court
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are: 1) Plaintiff’s motion for protective order, filed July 15, 2011 and 2) Plaintiff’s motion for
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modification of the scheduling order, filed August 15, 2011.
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I.
Motion For Protective Order
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Plaintiff moves the Court for a protective order, seeking to prevent Defendant from
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accessing Plaintiff’s private information in his central file. Plaintiff requests that Defendant only
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be allowed to view Plaintiff’s file in Plaintiff’s or medical records technician’s presence.
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This is similar to a motion filed by Plaintiff on June 16, 2011. United States Magistrate
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Judge Oberto denied Plaintiff’s motion during a telephonic status conference held on July 7,
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2011. The undersigned finds no reason to grant the pending motion. Plaintiff’s medical history
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is at issue here as Plaintiff has raised it. Defendant’s counsel has the right to view Plaintiff’s
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medical history. Defendant’s counsel also agreed during the status conference that any medical
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records submitted to the Court will be filed under seal. The Court finds this sufficient to protect
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Plaintiff’s privacy interests. Accordingly, Plaintiff’s motion for protective order, filed July 15,
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2011, is DENIED.
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II.
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Modification Of Scheduling Order
Plaintiff moves the Court for an extension of time to the discovery cut-off date and the
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dispositive motion deadline. The current deadlines are August 19, 2011 for the discovery cut-off
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date and September 30, 2011 for the dispositive motion deadline. The Court treats this as a
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motion for modification of the scheduling order pursuant to Rule 16(b)(4) of the Federal Rules of
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Civil Procedure.
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The decision to modify a scheduling order is within the broad discretion of the district
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court. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (quoting Miller
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v. Safeco Title Ins. Co., 758 F.2d 364, 369 (9th Cir. 1985)). Pursuant to Federal Rule of Civil
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Procedure 16, a pretrial scheduling order “shall not be modified except upon a showing of good
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cause,” and leave of court. Fed. R. Civ. P. 16(b)(4); Zivkovic v. S. Cal. Edison Co., 302 F.3d
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1080, 1087-88 (9th Cir. 2002). Although “the existence or degree of prejudice to the party
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opposing the modification might supply additional reasons to deny a motion, the focus of the
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inquiry is upon the moving party’s reasons for seeking modification.” Johnson, 975 F.2d at 609.
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Plaintiff contends that he will have no access to the law library for the month of August
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due to his work schedule and the unavailability of library staff. The Court finds good cause to
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modify the scheduling order.
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Based on the foregoing, it is HEREBY ORDERED that:
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is GRANTED; and
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Plaintiff’s motion for modification of the scheduling order, filed August 15, 2011,
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The discovery cut-off date is September 19, 2011 and the dispositive motion
deadline is October 31, 2011.
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IT IS SO ORDERED.
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Dated:
August 23, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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