Rodriguez v. Hubbard et al

Filing 151

ORDER Granting Plaintiff's 150 Motion to Modify Discovery and Scheduling Order, signed by Magistrate Judge Dennis L. Beck on 10/27/15. Discovery due by 1/29/2016. Dispositive Motions filed by 3/28/2016. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

LUIS VALENZUELA RODRIGUEZ,

12
13
14
15

Plaintiff,
v.
HUBBARD, et al.,
Defendants.

16

)
)
)
)
)
)
)
)
)
)

Case No.: 1:10-cv-00858 LJO DLB (PC)
ORDER GRANTING PLAINTIFF’S MOTION
MOTION TO MODIFY DISCOVERY AND
SCHEDULING ORDER
(ECF No. 135)
Discovery Deadline: August 31, 2015
Dispositive Motion Deadline: October 26, 2015

17

Plaintiff Luis Valenzuela Rodriguez (“Plaintiff”) is a state prisoner proceeding pro se and in

18

forma pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on

19

Plaintiff’s Third Amended Complaint against Defendants Biter, Phillips, Da Viega, Ozaeta, Betzinger,

20

Gregory, Garza, Wegman, Alic, Speidell and Rankin on claims of violation of the Free Exercise

21

Clause of the First Amendment, violation of the Equal Protection Clause of the Fourteenth

22

Amendment, retaliation in violation of the First Amendment, and deliberate indifference to Plaintiff’s

23

safety in violation of the Eighth Amendment.

24
25
26

On January 30, 2015, the Court issued a Discovery and Scheduling Order. (ECF No. 109.)
According to the Order, the deadline for the parties to complete discovery was set for June 29, 2015,
and the deadline to file dispositive motions was set to August 27, 2015.

27
28
1

1
2
3
4
5
6
7

On April 29, 2015, Defendants filed a motion for summary judgment. On April 30, 2015,
Defendants moved to modify the discovery and scheduling order. On May 4, 2015, the Court granted
the motion and extended the discovery deadline to August 31, 2015, and the dispositive motion
deadline to October 26, 2015. On September 1, 2015, Defendants filed a motion for judgment on the
pleadings. Also on September 1, 2015, the Court granted Plaintiff’s motion to modify the scheduling
order. The discovery deadline was extended to October 30, 2015, and the deadline for filing
dispositive motions was extended to December 28, 2015.

8
9
10
11
12
13
14
15
16

On October 22, 2015, Defendants filed a motion to further modify the discovery and
scheduling order. Defendants note that their motion for summary judgment was filed on April 29,
2015, but Plaintiff received several extensions of time to respond, and just recently filed his opposition
on October 13, 2015. Defendants filed their reply on October 20, 2015. In addition, Defendants have
filed a motion for judgment on the pleadings regarding two of Plaintiff’s claims. This motion is also
fully briefed. Both motions have the potential to dispose of at least a portion, and possibly all, of
Plaintiff’s claims. Therefore, Defendants argue that it would be more efficient and cost-effective, and
potentially necessary, to delay the filing of additional dispositive motions until the pending motions
are decided.

17

Modification of the pretrial scheduling order requires a showing of good cause. Fed. R. Civ. P.

18

16(b)(4). “The schedule may be modified ‘if it cannot reasonably be met despite the diligence of the

19

party seeking the extension.’” Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th

20

Cir. 2002) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992)). “If

21

the party seeking the modification ‘was not diligent, the inquiry should end’ and the motion to modify

22

should not be granted.” Id. In light of the above, the Court finds good cause to extend the deadlines

23
24
25
26
27

for discovery and dispositive motions. Fed. R. Civ. P. 16(b)(4).
///
///
///
///

28
2

1
2
3
4
5

ORDER
Accordingly, IT IS HEREBY ORDERED that the Discovery and Scheduling Order (ECF No.
109) is modified as follows: the discovery cut-off shall be extended from October 30, 2015, to January
29, 2016, and the deadline to file dispositive motions shall be extended from December 28, 2015, to
March 28, 2016.

6
7
8
9

IT IS SO ORDERED.
Dated:

/s/ Dennis

October 27, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3