Samuels v. Adame et al
Filing
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ORDER Granting Defendants' Motion to Modify Scheduling Order 45 ; ORDER Denying Plaintiff's Motion for Status Update and New Scheduling Order 46 , signed by Magistrate Judge Dennis L. Beck on 7/31/12. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT EARL SAMUELS,
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Plaintiff,
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v.
G. ADAME, et al.,
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Defendants.
Case No. 1:09-cv-01320-AWI-DLB PC
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY SCHEDULING
ORDER (ECF No. 45)
ORDER DENYING PLAINTIFF’S
MOTION FOR STATUS UPDATE AND
NEW SCHEDULING ORDER (ECF No. 46)
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Plaintiff Robert Earl Samuels (“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 Defendants G. Adame, C. Farnsworth, P. Gentry, B Medrano, R. Nicholas, F. Rivera, E.
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Sailer, and D. Snyder. Pending before the Court is Defendants’ motion to modify the Court’s March
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29, 2011 Scheduling Order, filed February 6, 2012. ECF No. 45. Also pending is Plaintiff’s motion
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for status of the case and a new scheduling order, filed February 17, 2012. ECF No. 46. The matter
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is submitted pursuant to Local Rule 230(l). The Court will first address Defendants’ motion.
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I.
Defendants’ Motion to Modify Scheduling Order
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The decision to modify a scheduling order is within the broad discretion of the district court.
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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (quoting Miller v. Safeco
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Title Ins. Co., 758 F.2d 364, 369 (9th Cir. 1985)). Pursuant to Rule 16 of the Federal Rules of Civil
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Procedure, a pretrial scheduling order “shall not be modified except upon a showing of good cause,”
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and leave of court. Fed. R. Civ. P. 16(b)(4); Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087-88
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(9th Cir. 2002). Although “the existence or degree of prejudice to the party opposing the
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modification might supply additional reasons to deny a motion, the focus of the inquiry is upon the
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moving party’s reasons for seeking modification.” Johnson, 975 F.2d at 609.
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Defendant moves for a modification of the dispositive motion deadline to March 7, 2012.
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Defs.’ Mot., Kubicek Decl. ¶ 3, ECF No. 45. Defendants’ counsel attests that he will not be able to
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meet the dispositive motion deadline because he believed that a legal theory on behalf of all
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Defendants was not legally tenable without additional time to acquire signed declarations from each
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Defendant. Id.
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Plaintiff filed an opposition on February 22, 2012. ECF No. 47. Plaintiff contends that
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Defendants’ counsel’s error is not good cause to modify the Court’s scheduling order. The Court
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finds that Defendants have presented good cause. Defendants’ counsel is correct to not submit
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legally untenable arguments before the Court. Plaintiff will not be substantially prejudiced.
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Additionally, on February 27, 2012, Defendants filed the rest of their motion for summary judgment.
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Only twenty-one additional days were required for Defendants to file their motion. Thus,
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Defendants’ motion for modification will be granted and the motion for summary judgment is
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deemed timely filed.
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II.
Plaintiff’s Motion for Status Update and New Scheduling Order
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Plaintiff requests a status update of the case and a new scheduling order. ECF No. 46.
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Because the Court will grant Defendants’ motion for modification of the schedule, Plaintiff’s motion
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will be denied as moot.
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III.
Conclusion and Order
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Accordingly, it is HEREBY ORDERED that:
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1. Defendants’ motion to modify the Discovery and Scheduling Order, filed February 6,
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2012, is granted and Defendants’ motion for summary judgment, filed February 27, 2012,
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is deemed timely fied; and
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2. Plaintiff’s motion for status update and new scheduling order, filed February 17, 2012, is
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denied as moot.
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IT IS SO ORDERED.
Dated:
/s/ Dennis
July 31, 2012
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L. Beck
UNITED STATES MAGISTRATE JUDGE
7. 3b142a
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