Mix v. King

Filing 55

ORDER DENYING Plaintiff's 48 Motion to Reopen Discovery signed by Magistrate Judge Michael J. Seng on 2/19/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT D. MIX,

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Plaintiff,

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CASE NO. 1:13-cv-00823-AWI-MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO REOPEN DISCOVERY

v.
(ECF No. 48)
AUDREY KING, et al.,

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Defendants.

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I.

INTRODUCTION

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendants Cunningham and Saloum on Plaintiff’s Fourteenth Amendment failure to

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protect claims. The claims arise from allegations that Defendants failed to protect

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Plaintiff from an assault by fellow detainee William Jackson.

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Discovery in this action closed on August 10, 2014. (ECF No. 15.) The matter is

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set for a pre-trial conference on March 7, 2016, and trial on April 26, 2016. (ECF No. 35.)

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Before the Court is Plaintiff’s January 15, 2016 motion to reopen discovery. (ECF

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No. 48.) Defendants filed an opposition. (ECF No. 50.) Plaintiff filed no reply. The matter

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is deemed submitted. Local Rule 230(l).

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II.

PARTIES’ ARGUMENTS

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Plaintiff claims that the injuries he sustained during the incident at issue in this

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case affected his ability to participate in discovery. Plaintiff asserts he suffered a

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concussion, headaches, and was limited in functioning for two years. During this time, he

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was unaware that he could pursue discovery from Defendants.

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Plaintiff claims that certain documents have not been provided to him:

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photographs taken of his injuries, specified medical records, and reports written by the

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“DPS Office of Special Investigations” and given to the district attorney in conjunction

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with the prosecution of Mr. Jackson in relation to the attack. Plaintiff also seeks access

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to Mr. Jackson’s medical file based on Plaintiff’s belief that it contains notes regarding

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other inmates who felt threatened by Jackson. Plaintiff presumably intends for such

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records to demonstrate that Defendants knew Jackson posed a threat to Plaintiff.

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Defendants argue that Plaintiff has not presented good cause for reopening

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discovery. They point to Plaintiff’s July 24, 2014 deposition, in which Plaintiff stated there

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was no reason he could not give his full testimony. Furthermore, since the close of

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discovery, Plaintiff has opposed Defendants’ motion for summary judgment, replied to

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the findings and recommendations, opposed Defendants’ motion for reconsideration,

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and filed various motions for extensions of time. They characterize Plaintiff’s claims of

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inability as disingenuous.

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Defendants object to an absence of any showing how the proposed discovery is

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relevant, and they suggest that some of it – specifically Mr. Jackson’s medical records –

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is not discoverable under HIPAA. Furthermore, even if Mr. Jackson’s medical records

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showed that Jackson had made threats against other inmates; such threats would

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constitute prior bad acts and not likely be admissible. Finally, Plaintiff has access to his

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own medical records, and has not stated that efforts to access them himself were

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frustrated.

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III.

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LEGAL STANDARD
Federal Rule of Civil Procedure 16(b)(4) allows the Court to modify its scheduling

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order for good cause. The “good cause” standard focuses primarily on the diligence of

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the party seeking the amendment. Johnson v. Mammoth Recreations, Inc., 975 F.2d

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604, 609 (9th Cir. 1992). “[C]arelessness is not compatible with a finding of diligence and

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offers no reason for a grant of relief.” Id. “Although the existence or degree of prejudice

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to the party opposing the modification might supply additional reasons to deny a motion,

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the focus of the inquiry is upon the moving party's reasons for seeking modification.” Id.

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Requests for extensions of time brought on or after the applicable deadline are looked

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upon with disfavor. See Local Rule 144(d).

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IV.

DISCUSSION

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The Court agrees with Defendants that Plaintiff’s submissions reflect that Plaintiff

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was capable of appropriately filing and responding to motions. Additionally, the Court

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notes that the District Judge assigned to the case allowed Plaintiff to file, on July 27,

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2015, a supplemental opposition to Defendants’ motion for summary judgment due to

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the same injuries claimed herein. (ECF No. 34.) Plaintiff apparently believed he was able

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to prepare an adequate opposition as of that date; he does not explain the nearly six

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month delay between that date and the filing of the instant motion to reopen discovery.

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Thus, although Plaintiff’s injuries may have initially provided good cause for extending

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the discovery deadline, they do not present good cause at this late date.

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Furthermore, the Court notes that the proposed discovery is not the only means

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available to Plaintiff to prove his case. The Court has granted Plaintiff’s motion for the

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attendance of incarcerated witnesses. As Defendants point out, Plaintiff may access his

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own medical records. Although the proposed discovery may have some relevance to

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Plaintiff’s case, he is not unduly prejudiced by his own decision not to diligently pursue

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discovery until after the matter was set for trial.

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V.

CONCLUSION
Based on the foregoing, Plaintiff’s motion to reopen discovery (ECF No. 48) is

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HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:

February 19, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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