Harris v. Pimentel, et al.

Filing 211

ORDER GRANTING Plaintiff's 197 Motion for Additional Discovery signed by Magistrate Judge Jeremy D. Peterson on 9/13/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRELL HARRIS,

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Plaintiff,

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v.

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Case No. 1:13-cv-01354-DAD-JDP
ORDER GRANTING PLAINTIFF’S
MOTION FOR ADDITIONAL DISCOVERY
ECF No. 197

S. ESCAMILLA,
Defendant.

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Plaintiff Darrell Harris is a state prisoner proceeding with newly-appointed counsel in this

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civil rights action brought under 42 U.S.C. § 1983. On May 25, 2018, the U.S. Court of Appeals

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for the Ninth Circuit held that this court erred in granting summary judgment for the defendant on

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Harris’s First Amendment and Equal Protection claims. After the remand, Harris (formerly

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unrepresented) obtained counsel. ECF No. 187. On October 5, 2018, Harris filed a motion to

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reopen discovery for 120 days so that “he can exchange initial disclosures with Defendant, serve

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written discovery, and notice deposition.” ECF No. 197-1 at 1-2. Defendant Escamilla has

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opposed the motion, ECF No. 199, and Harris has responded to Escamilla’s opposition, ECF No.

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201.

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The district courts have “broad discretion in supervising the pretrial phase of litigation.”

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City of Pomona v. SQM N. Am. Corp., 866 F.3d 1060, 1065 (9th Cir. 2017) (internal quotation

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marks and citation omitted). But this discretion is not unbounded. The Ninth Circuit has
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instructed the lower courts to consider the following factors when considering a motion to reopen

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discovery: “1) whether trial is imminent, 2) whether the request is opposed, 3) whether the non-

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moving party would be prejudiced, 4) whether the moving party was diligent in obtaining

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discovery within the guidelines established by the court, 5) the foreseeability of the need for

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additional discovery in light of the time allowed for discovery by the district court, and 6) the

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likelihood that the discovery will lead to relevant evidence.” Id. at 1066 (citation omitted).

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Here, the balance of factors weighs in favor of reopening discovery. No trial is imminent.

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Despite proceeding without counsel and within prison, Harris did appear to make largely diligent

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efforts toward obtaining discovery, and his new counsel has been diligent. The reversal and

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remand at the court of appeals, and plaintiff’s subsequent representation by counsel, were not

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easily foreseeable developments in this litigation. And, finally, given the nature of the evidence

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in question—including a deposition of the sole defendant—and the fact that Harris now proceeds

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with the benefit of counsel, I find it likely that additional discovery will lead to relevant evidence.

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I recognize that the request is opposed, and that defendants may be prejudiced by the burdens of

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additional discovery. But, in this case, the expected benefits and the interests of justice outweigh

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those burdens—a result that accords with how courts in this circuit have treated similar requests.

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See Holmes v. Estock, No. 16-2458, 2018 WL 934596, at *2 (S.D. Cal. Feb. 16, 2018) (“Plaintiff

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has demonstrated good cause for resetting dates contained in the scheduling order. Plaintiff’s

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recently retained counsel was diligent in his effort to modify the scheduling order once he became

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aware of the deficiencies in Plaintiff’s discovery that occurred when Plaintiff was proceeding pro

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se.”); Calloway v. Scribner, No. 05-01284, 2014 WL 1317608, at *1 (E.D. Cal. Mar. 27, 2014)

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(“Courts have permitted the reopening of discovery where a state prisoner proceeding pro se

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moved to reopen discovery following the appointment or retention of counsel after the discovery

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cutoff date.”); Draper v. Rosario, No. 10-0032, 2013 WL 6198945, at *3 (E.D. Cal. Nov. 27,

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2013) (The rule that the arrival of new counsel does not justify additional discovery “is

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sometimes relaxed when, as here, pro bono counsel have agreed to represent pro se plaintiffs after

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the discovery deadlines have closed.”); Woodard v. City of Menlo Park, No. 09-3331, 2012 WL

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2119278, at *1 (N.D. Cal. June 11, 2012) (“The Court recognizes that Plaintiff’s attorney was
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recently appointed as counsel and needs adequate time and materials to properly prepare for trial

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in this action . . . . While it is undisputed that Plaintiff did not comply with the discovery

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deadlines set forth in the Scheduling Order, the Court finds that Plaintiff's failure to conduct

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discovery was due to his pro se status, mental disability and lack of legal expertise, and not as a

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result of bad faith or carelessness.”).

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Order

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Harris’s motion for additional discovery, ECF No. 197, is granted. The parties shall have

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an additional 120 days from the date of this order to engage in discovery. Additional time for

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discovery will not be granted absent extraordinary circumstances.

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IT IS SO ORDERED.

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Dated:

September 13, 2019

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UNITED STATES MAGISTRATE JUDGE

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No. 205

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