Denton v. Pulido et al

Filing 40

ORDER Denying Plaintiff's Motion to Stay without Prejudice 37 , signed by Magistrate Judge Barbara A. McAuliffe on 12/10/14. Discovery Deadline: 6/29/2015; Dispositive Motion Deadline: 9/1/2015. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN D. DENTON,
Plaintiff,

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vs.
PULIDO, et al.,
Defendants.

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Case No. 1:13-cv-00017-AWI-BAM PC
ORDER DENYING PLAINTIFF’S MOTION
TO STAY WITHOUT PREJUDICE
(ECF No. 37)
Discovery Deadline: June 29, 2015
Dispositive Motion Deadline: September 1,
2014

Plaintiff Bryan D. Denton (“Plaintiff”) is a former county jail inmate proceeding pro se

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

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currently proceeds on Plaintiff’s first amended complaint, filed on January 2, 2014, against

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Defendant Pulido for excessive force in violation of the Fourteenth Amendment. Defendant

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Pulido answered the amended complaint on April 25, 2014.

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On April 29, 2014, the Court issued a Discovery and Scheduling Order. (ECF No. 22.)

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Pursuant to that order, the deadline to complete discovery is December 29, 2014, and the

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deadline to file dispositive motions is March 9, 2015. All other deadlines have passed.

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On November 5, 2014, Plaintiff filed the instant motion requesting that this action be held

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in abeyance until May 2015. Plaintiff explains that he was transferred to a prison in Tracy,

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California on September 24, 2014, and will remain there for approximately 4 to 6 months. His

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legal papers were taken from him on October 16, 2014, and he receives law library access for

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only one hour each month. (ECF No. 37.)

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On December 3, 2014, the Court directed Defendant Pulido to file an opposition or a
statement of non-opposition to the motion within twenty-one days. (ECF No. 38.)
On December 9, 2014, Defendant Pulido filed a statement of non-opposition to Plaintiff’s

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motion for stay of this action. Defendant Pulido requests that the Court extend the deadlines for

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discovery and dispositive motions consistent with a stay of this action to May 2015.

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At this juncture, the Court does not find a stay of this action appropriate. There is no

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indication that Plaintiff is unable to pursue factual discovery with limited law library access or in

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the absence of his legal papers. Nonetheless, the Court finds good cause to extend the relevant

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Discovery and Scheduling Order deadlines for 180 days to accommodate Plaintiff’s transfer, lack

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of materials and limited law library access. Fed. R. Civ. P. 16(b)(4). As necessary and

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appropriate, the parties may seek modification of these dates upon a showing of good cause.

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Accordingly, it is HEREBY ORDERED that:

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1. Plaintiff’s motion for stay, filed on November 5, 2014, is DENIED without prejudice;

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2. The relevant discovery and dispositive motion deadlines in the Discovery and

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Scheduling Order issued on April 29, 2014, shall be extended one-hundred fifty (180)

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days;

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3. The deadline to complete discovery, including filing motions to compel discovery, is

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extended from December 29, 2014, to June 29, 2015;
4. The deadline to file dispositive motions (other than a motion for summary judgment

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for failure to exhaust) is extended from March 9, 2015, to September 1, 2015; and

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5. A request for an extension of a deadline set in this order must be filed on or before the

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expiration of the deadline in question and will only be granted upon a showing of

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good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 10, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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