Fields v. Masiel et al

Filing 76

ORDER GRANTING Defendants' 74 Motion to Modify the Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 6/27/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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Plaintiff,

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v.
JOSE MASIEL, et al.,

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Defendants.

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Case No.: 1:10-cv-01699-AWI-BAM (PC)
ORDER GRANTING DEFENDANTS’ MOTION
TO MODIFY THE SCHEDULING ORDER
(ECF No. 74)

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I.

Introduction

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Plaintiff Kevin E. Fields (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against

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Defendants Masiel, Aguirre, and Hernandez for retaliation in violation of the First Amendment.
Currently pending before the Court is Defendants’ motion to modify the schedule, which was

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filed on June 16, 2014. (ECF No.74.) The motion is deemed submitted.1 Local Rule 230(l).

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II.

Procedural Background

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On January 23, 2013, the Court issued a Discovery and Scheduling Order. Pursuant to that

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order, discovery closed on September 23, 2013, and the deadline to file dispositive motions ended on

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December 2, 2013. (ECF No. 44.)

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As Plaintiff will not be prejudiced by a modification of the scheduling order, it is unnecessary to wait for a response.
Local Rule 230(l).

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On January 17, 2014, the Court extended the discovery deadline to February 28, 2014, and the

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dispositive motion deadline to April 28, 2014. The deadlines were extended to resolve then-pending

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discovery motions. (ECF No. 63.)
On April 22, 2014, the Court extended the dispositive motion deadline to June 27, 2014,

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pending resolution of Defendants’ motion for sanctions. (ECF No. 68.)
Thereafter, on April 28, 2014, Plaintiff filed a motion requesting an extension of time to submit

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his discovery responses. (ECF No. 69.) Plaintiff filed a renewed motion for an extension of time on

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May 12, 2014. (ECF No. 71.) On May 20, 2014, the Court directed Defendants to file a response to

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Plaintiff’s pending motions. (ECF No. 72.) Defendants filed a response on June 5, 2014. (ECF No.

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73.) Shortly thereafter, on June 16, 2014, Defendants filed the instant motion to vacate the dispositive

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motion deadline and, if necessary, reset it after resolution of the motion for sanctions. (ECF No. 74.)

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III.

Discussion

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Pursuant to Rule 16(b), a scheduling order “may be modified only for good cause and with the

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judge’s consent.” Fed. R. Civ. P. 16(b)(4). The “good cause” standard “primarily considers the

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diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

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609 (9th Cir. 1992). The court may modify the scheduling order “if it cannot reasonably be met

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despite the diligence of the party seeking the extension.” Id. If the party was not diligent, the inquiry

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should end. Id.
Defendants indicate that they are awaiting resolution of the pending motion for sanctions,

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along with Plaintiff’s requests for an extension of time to supplement his discovery responses before

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proceeding with any motion for summary judgment. Defendants indicate that a summary judgment

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motion may be unnecessary if the Court imposes dismissal sanctions.
Based on the pending motions, the Court finds that the dispositive motion deadline cannot be

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met despite Defendants’ apparent diligence and Defendants have established good cause to modify the

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Discovery and Scheduling Order.

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IV.

Conclusion and Order

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Based on the above, Defendants’ motion to modify the scheduling order is GRANTED. The

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dispositive motion deadline is VACATED. As necessary and appropriate, the Court will reset the

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dispositive motion deadline following resolution of the pending motions.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 27, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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