Washington v. Rough et al

Filing 34

ORDER GRANTING Defendants' Second 33 Motion to Modify the Discovery and Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 12/14/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE WASHINGTON,
Plaintiff,

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v.

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P. ROUCH, et al.,
Defendants.

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Case No.: 1:15-cv-00725-DAD-BAM (PC)
ORDER GRANTING DEFENDANTS’ SECOND
MOTION TO MODIFY THE DISCOVERY AND
SCHEDULING ORDER
(ECF No. 33)

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

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civil rights action pursuant to 42 U.S.C. § 1983. This case currently proceeds on Plaintiff’s Eighth

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Amendment claim of deliberate indifference to his medical needs against Defendants Rouch and

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Sisodia.

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Previously in this matter, the Court granted Defendants’ motion to modify the discovery and

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scheduling order to extend the dispositive motion deadline until December 15, 2017, to allow defense

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counsel additional time to receive, review, and evaluate certain discovery responses. (ECF No. 31, at

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p. 11.)

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Currently before the Court is Defendants’ second motion to modify the discovery and

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scheduling order, filed on December 13, 2017. (ECF No. 33.) Defendant seeks an extension of time

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until January 5, 2018 to file a dispositive motion. In support, defense counsel declares that she has
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been diligently preparing a motion for summary judgment, which is complex and requires several

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declarations in support of the motion. Additional time is needed to finalize the declarations, and some

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delays are anticipated in reviewing, executing, and receiving executed declarations due to the

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upcoming holidays.

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Plaintiff has not yet responded to the motion to modify the discovery and scheduling order, but

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the Court finds no response is necessary. Local Rule 230(l). Plaintiff will not be prejudiced by the

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brief extension of time here, which shall be equally applied to both parties.

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Good cause being shown, Defendants’ motion to modify the discovery and scheduling order is
HEREBY GRANTED. The deadline for filing all dispositive motions (other than a motion for
summary judgment for failure to exhaust) is extended to January 5, 2018.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 14, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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