Martinez v. Tilton et al

Filing 48

ORDER Approving 47 Stipulation to Extend Discovery Deadline for Limited Purpose of Completing Party Depositions, signed by Magistrate Judge Sheila K. Oberto on 11/25/13. Deadline: December 26, 2013. (Gonzalez, R)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants Adams, Dicks, Hubach,
Jennings, Matthews, Payne, and Rickman

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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JOHN R. MARTINEZ,

No. 1:10-cv-01501 SKO

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v.
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Plaintiff, ORDER APPROVING STIPULATION
TO EXTEND DISCOVERY DEADLINE
FOR LIMITED PURPOSE OF
COMPLETING PARTY DEPOSITIONS

JAMES TILTON, et al.,

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(Doc. 47)
Defendants.

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Under Federal Rules of Civil Procedure 6(b)(1)(A), 16(b)(4), and 26(d) and Local Rules
143 and 144, the parties, through their counsel of record, agree to extend the discovery deadline
for thirty days, up to and including December 26, 2013, for the limited purpose of completing the
depositions of the parties.
A scheduling order may be modified only upon a showing of good cause and by leave of
Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975
F.2d 604, 609 (describing the factors a court should consider in ruling on such a motion). In
considering whether a party moving for a schedule modification has good cause, the Court

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Stipulation and Order Extending Discovery Deadline for Limited Purpose of Completing Party Depositions
(1:10-cv-01501 SKO)

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primarily focuses on the diligence of the party seeking the modification. Johnson, 975 F.2d at

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609 (citing Fed. R. Civ. P. 16 advisory committee‟s notes of 1983 amendment). “The district

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court may modify the pretrial schedule „if it cannot reasonably be met despite the diligence of the

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party seeking the amendment.‟” Id. (quoting Fed. R. Civ. P. 16 advisory committee notes of 1983

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amendment).

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Good cause exists to grant this extension because the parties require more time to take the

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deposition of the parties. Discovery is scheduled to close on November 29, 2013, based on the

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Court‟s Scheduling Order issued on March 29, 2013. (ECF No. 25.) The depositions of four

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Defendants are scheduled for November 18 to 19, 2013. Defendants Hubach and Matthews now

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work at institutions near the Sacramento area, but Plaintiff‟s counsel is unavailable to travel to

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Sacramento before the close of discovery. Defendant Adams lives out of state, and Plaintiff‟s

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counsel may not need to take his deposition depending on Adams‟s responses to written

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discovery. Also, Plaintiff is currently incarcerated at Pelican Bay State Prison in Crescent City,

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and counsel are unable to travel to the prison before the close of discovery. Counsel have agreed

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to take Plaintiff‟s deposition by videoconference to reduce the expense associated with his

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deposition. However, the earliest the parties and the prison can accommodate his deposition is

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December 19, 2013. Thus, the parties request a thirty-day extension of the discovery deadline to

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complete these depositions.

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Stipulation and Order Extending Discovery Deadline for Limited Purpose of Completing Party Depositions
(1:10-cv-01501 SKO)

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Dated: November 22, 2013

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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/s/ Diana Esquivel
DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

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Dated: November 22, 2013

WILLIAM L. SCHMIDT
ATTORNEY AT LAW, P.C.

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/s/ William L. Schmidt
WILLIAM L. SCHMIDT
Attorneys for Plaintiff

SA2012307677
31828817.doc

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Stipulation and Order Extending Discovery Deadline for Limited Purpose of Completing Party Depositions
(1:10-cv-01501 SKO)

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ORDER

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Based on the parties‟ stipulation and good cause appearing, the discovery deadline is

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extended to December 26, 2013, for the limited purpose of completing the parties‟ depositions.

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IT IS SO ORDERED.
Dated:

November 25, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order Extending Discovery Deadline for Limited Purpose of Completing Party Depositions
(1:10-cv-01501 SKO)