Martinez v. Tilton et al

Filing 52

ORDER APPROVING 51 Stipulation to Extend Discovery and Dispositive Motion Deadlines signed by Magistrate Judge Sheila K. Oberto on 1/8/2014. The discovery deadline, for the limited purpose of completing Defendant Adams's deposition, and dispositive motion deadline are extended to March 6, 2014. (Jessen, A)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Supervising Deputy Attorney General
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
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,

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v.

1:10-CV-01501-SKO (PC)
Plaintiff, ORDER APPROVING STIPULATION
TO EXTEND THE DISCOVERY
AND DISPOSITIVE MOTION
DEADLINES TO MARCH 6, 2014

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JAMES TILTON, et al.,

(Doc. 51)

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Defendants.
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Under Federal Rules of Civil Procedure 6(b)(1)(A), 16(b)(4), and 26(d) and Local Rules

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143 and 144, the parties, through their counsel of record, agree to extend the discovery deadline

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for thirty days, up to and including December 26, 2013, for the limited purpose of completing the

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depositions of the parties.

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A scheduling order may be modified only upon a showing of good cause and by leave of

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Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 609 (describing the factors a court should consider in ruling on such a motion). In

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considering whether a party moving for a schedule modification has good cause, the Court

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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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Stipulation and Proposed Order to Extend the Discovery and Dispositive Motion Deadline (1:10-CV-01501 SKO)

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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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The discovery deadline in this case was extended to January 10, 2014, (ECF No. 49) for the

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sole purpose of scheduling and taking Defendant Adams‟s deposition and the dispositive motion

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deadline is currently set for February 6, 2014 (ECF No. 25). Good cause exists to grant this

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extension because the parties require more time to take the deposition of Defendant Adams and

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Defendants will need additional time to draft and file a dispositive motion. The parties had

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attempted to schedule Mr. Adams‟s deposition for early January, but Defendants‟ attorney, Diana

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Esquivel became ill on January 1, 2013, and has been unable to return to work since that date. On

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January 6, her condition required emergency care, and it is anticipated that she will be unable to

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return to work for at least two more weeks. The undersigned, Supervising Deputy Attorney

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General Christopher Becker, spoke with Plaintiff‟s counsel on January 7, 2014, to explain Ms.

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Esquivel‟s situation and the parties agreed that they could schedule Mr. Adams‟s deposition for

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sometime in February when Ms. Esquivel returns. Additionally, in light of the aforementioned

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delays, Defendants will need additional time to draft and file a dispositive motion. The parties

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therefore request that the discovery deadline and the dispositive motion deadline be extended to

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March 6, 2014.

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Stipulation and Proposed Order to Extend the Discovery and Dispositive Motion Deadline (1:10-CV-01501 SKO)

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Dated: January 8, 2014

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
Monica N. Anderson
Supervising Deputy Attorney General

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/s/ Christopher Becker
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General
Attorneys for Defendants

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Dated: January 8, 2014

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

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

SA2012307677
31868718.doc

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ORDER
Based on the parties‟ stipulation and good cause appearing, the discovery deadline, for the
limited purpose of completing Defendant Adams‟s deposition, and dispositive motion deadline
are extended to March 6, 2014.

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IT IS SO ORDERED.
Dated:

January 8, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Proposed Order to Extend the Discovery and Dispositive Motion Deadline (1:10-CV-01501 SKO)