Blount v. Smith, et al

Filing 34

ORDER Granting Defendants' 33 Motion to Modify Discovery and Scheduling Order signed by Magistrate Judge Dennis L. Beck on 12/22/2014. Discovery Deadline: 1/16/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SEBASTIAN BLOUNT,

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Plaintiff,

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v.

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D. LOPEZ, et al.,

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Defendants.

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Case No.: 1:13cv01705 AWI DLB (PC)
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY DISCOVERY
AND SCHEDULING ORDER
(Document 33)
Discovery Deadline: January 16, 2015

Plaintiff Sebastian Blount (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma

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

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Pursuant to the July 17, 2014, Discovery and Scheduling Order, discovery closed on December
15, 2014. The dispositive motion deadline is February 12, 2015.

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On December 19, 2014, Defendants filed a motion to modify the Discovery and Scheduling

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Order. Defendants seek a 21-day extension of the discovery deadline. The Court deems the matter

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suitable for decision without an opposition pursuant to Local Rule 230(l).

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DISCUSSION
Modification of the pretrial scheduling order requires a showing of good cause. Fed. R. Civ. P.
16(b)(4). “The schedule may be modified ‘if it cannot reasonably be met despite the diligence of the

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party seeking the extension.’” Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th

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Cir. 2002) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992)). “If

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the party seeking the modification ‘was not diligent, the inquiry should end’ and the motion to modify

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should not be granted.” Id.

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Here, Defendants explain that logistical considerations required that they notice Plaintiff’s
deposition for December 15, 2014, at 9:30 a.m. However, on December 15, 2014, at approximately
8:20 a.m., staff at California Men’s Colony notified counsel that Plaintiff was unable to attend his
deposition because of a health concern.
Defendants anticipate that they will be able to meet the February 12, 2015, dispositive motion
deadline.
For good cause, the Court GRANTS Defendants’ motion. The discovery deadline is extended
to January 16, 2015. The dispositive motion deadline will remain February 12, 2015.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

December 22, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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