Shehee v. Ahlin et al

Filing 73

ORDER Granting Defendant Nguyen's 72 Second Request to Extend the Deadline for Filing Dispositive Motions signed by Magistrate Judge Barbara A. McAuliffe on 08/27/2018. Dispositive Motions filed by 9/28/2018. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GREGORY ELL SHEHEE,

12

Plaintiff,

13
14
15

v.

Case No. 1:14-cv-00005-LJO-BAM (PC)
ORDER GRANTING DEFENDANT
NGUYEN’S SECOND REQUEST TO
EXTEND THE DEADLINE FOR FILING
DISPOSITIVE MOTIONS

AHLIN, et al.,
(ECF No. 72)
Defendants.
Dispositive Motion Deadline: September 28,
2018

16
17
18

Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former state prisoner proceeding pro se and

19

in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff was a civil

20

detainee at the time this action was initiated.

21

Pursuant to the Court’s July 19, 2017 Discovery and Scheduling Order, the deadline for

22

filing all dispositive motions (other than a motion for summary judgment for failure to exhaust)

23

was May 29, 2018. (ECF No. 41.) On July 11, 2018, the Court granted Defendant Nguyen’s

24

motion to extend the deadline to July 30, 2018. (ECF No. 71.)

25

Currently before the Court is Defendant Nguyen’s second request to extend the deadline

26

for filing dispositive motions, filed July 24, 2018. (ECF No. 72.) Defendant Nguyen states that

27

the defense has diligently searched for, and has now contracted with, an outside medical

28

professional with the appropriate expertise to speak to the matters raised by Plaintiff’s complaint.
1

1

That expert is currently drafting a report of his findings to assist the defense in a motion for

2

summary judgment. Defendant Nguyen contends that, as Plaintiff is no longer in state custody,

3

he will not be prejudiced by the delay. (Id.)

4
5
6

Plaintiff has not filed an opposition or otherwise responded to the motion, and the
deadline to do so has expired. The motion is deemed submitted. Local Rule 230(l).
Upon review of the request, and in light of the lack of opposition from Plaintiff, the Court

7

finds that Defendants have shown good cause for modifying the scheduling order in this matter.

8

Fed. R. Civ. P. 16(b)(4).

9
10

Accordingly, IT IS HEREBY ORDERED as follows:
1. Defendant Nguyen’s second motion to extend the dispositive motion deadline, (ECF

11
12

No. 72), is GRANTED; and
2. All dispositive motions (other than a motion for summary judgment for failure to

13

exhaust) shall be filed on or before September 28, 2018.

14
15
16

IT IS SO ORDERED.
Dated:

/s/ Barbara

August 27, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2