Paris v. Singh

Filing 27

ORDER Granting Defendant's 25 Motion to Modify the Scheduling Order signed by Magistrate Judge Michael J. Seng on 07/12/2016. Dispositive Motions filed by 8/9/2016.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL ERIC PARIS,

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Plaintiff,
v.
IKWINDER SINGH,

CASE NO. 1:14-cv-00391-MJS (PC)
ORDER
GRANTING
DEFENDANT’S
MOTION TO MODIFY THE SCHEDULING
ORDER
(ECF No. 25)

Defendant.

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AUGUST 9, 2016 DISPOSITIVE MOTION
DEADLINE

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this

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

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Plaintiff’s first amended complaint against Defendant Singh for inadequate medical care

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in violation of the Eighth Amendment of the United States Constitution.

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On July 30, 2015, the Court issued a discovery and scheduling order, setting June

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9, 2016 as the dispositive motion deadline. (ECF No. 22.) On June 8, 2016, Defendant

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filed a motion to modify the scheduling order to extend the dispositive motion deadline to

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August 9, 2016. (ECF No. 25.) Defense counsel explains that he recently was

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reassigned several additional matters due to the death of one deputy attorney general

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and the retirement of another. One of these matters was set to begin trial July 11, 2016.

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These reassignments prevented counsel from timely filing a motion for summary

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judgment in this action.

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Plaintiff opposes the motion. (ECF No. 26.) Plaintiff states that defense counsel

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informed Plaintiff at the close of Plaintiff’s deposition that Plaintiff would receive a

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“response report” of the deposition and that the parties thereafter would “join discovery

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plans.” Plaintiff received no further follow up from defense counsel, the discovery

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deadline expired, and the deadline for “joining discovery” also passed. He states that he

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seeks to introduce competent evidence and therefore asks that Defendant’s motion be

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denied or that he be permitted to conduct discovery to prepare an opposition.

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Defendant has presented good cause for an extension of time. Plaintiff’s

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opposition presents no grounds for denying an extension of time. The motion will be

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granted.

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The Court is unable to discern from Plaintiff’s filing the nature of the parties’

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discovery dispute. To the extent Plaintiff seeks an extension of the discovery deadline,

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he may file a motion seeking same. Such a motion must be supported by a showing of

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good cause and that Plaintiff has pursued discovery with diligence. Fed. R. Civ. P.

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16(b)(4); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.1992). If

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and when Defendant files a motion for summary judgment, Plaintiff may move to have

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the Court defer consideration of such motion until Plaintiff has had an opportunity to

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pursue discovery. Fed. R. Civ. P. 56(d). However, Plaintiff bears the burden of

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specifically identifying the relevant information he seeks, demonstrating that the

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evidence sought actually exists, and explaining how or why it would prevent summary

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judgment. Blough v. Holland Realty, Inc., 574 F.3d 1084, 1091 n.5 (9th Cir. 2009)

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(citation omitted); Getz v. Boeing Co., 654 F.3d 852, 867-68 (9th Cir. 2011); Tatum v.

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City and County of San Francisco, 441 F.3d 1090, 1100-01 (9th Cir. 2006). Such a

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request is premature at this stage of the proceedings, given that Defendant has yet to
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file a motion for summary judgment and Plaintiff therefore cannot know what evidence

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may be necessary to defeat it.

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Based on the foregoing, Defendant’s motion to modify the discovery and

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scheduling order is HEREBY GRANTED. (ECF No. 25.) The deadline for filing

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dispositive motions is extended to and including August 9, 2016.

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IT IS SO ORDERED.
Dated:

July 12, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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