Villery v. California Department of Corrections, et al.

Filing 154

ORDER resetting Discovery and Dispositive Motion Deadlines signed by Magistrate Judge Barbara A. McAuliffe on 12/14/2020. Discovery due by 6/11/2021; Dispositive Motions filed by 9/13/2021.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARED M. VILLERY,

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Plaintiff,

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ORDER RESETTING DISCOVERY AND
DISPOSITIVE MOTION DEADLINES

v.

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CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Discovery Deadline: June 11, 2021
Dispositive Motion Deadline: September 13,
2021

Defendants.

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Plaintiff Jared M. Villery (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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Case No. 1:15-cv-00987-DAD-BAM (PC)

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
This action proceeds against Defendants Kendall, Acosta, Jones, Guerrero, Woodard,1 and

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Grimmig for deliberate indifference in violation of the Eighth Amendment, and against

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Defendants Allison2 for promulgation of a policy to deny single cell housing for inmates with

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serious mental disorders in violation of the Eighth Amendment. Plaintiff’s claims arise out of

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allegations that he developed Post-Traumatic Stress Disorder (“PTSD”) while in the custody of

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Erroneously sued as “Woodward.”

Effective October 1, 2020, Secretary Allison has assumed the position of Secretary of the
California Department of Corrections and Rehabilitation (“CDCR”). Under Federal Rule of Civil
Procedure 25(d), Secretary Allison should be substituted for former Secretaries Beard and Kernan
with respect to Plaintiff’s claim for a violation of his rights based on a policy promulgated in the
Secretary’s official capacity.
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the California Department of Corrections and Rehabilitation (“CDCR”). Plaintiff claims that at

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multiple institutions and over several years, his PTSD was not properly considered by prison

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officials in determining his housing status.

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On January 17, 2019, the Court vacated the discovery and merits-based dispositive motion

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deadlines in order to resolve the pending partial motion for summary judgment based on

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Plaintiff’s failure to exhaust available administrative remedies. (ECF No. 116.) The partial

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motion for summary judgment was granted pursuant to the District Judge’s order of September

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26, 2019. (ECF No. 139.) Plaintiff’s motion to modify the preliminary injunction was denied on

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December 7, 2020. (ECF No. 153.)

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Accordingly, the Court finds it appropriate and necessary to reset the discovery and
dispositive motion deadlines. Fed. R. Civ. P. 16.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. The deadline for the completion of all discovery, including filing all motions to

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compel discovery, shall be June 11, 2021. Absent good cause, discovery motions will

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not be considered if filed after the discovery deadline. Therefore, discovery requests

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and deposition notices must be served sufficiently in advance of the discovery

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deadline to permit time for a response and time to prepare and file a motion to compel.

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2. The deadline for filing all dispositive motions (other than a motion for summary

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judgment for failure to exhaust) shall be September 13, 2021.
3. Any request for an extension of these deadlines must be filed on or before the

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expiration of the deadline. However, the parties are advised that an extension of time

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will only be granted upon a clear showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 14, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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