Villery v. California Department of Corrections, et al.

Filing 44

ORDER GRANTING Defendants' 42 43 Motion to Modify the Discovery and Scheduling Order, as Amended; Exhaustion Motion Filing Deadline: February 2, 2018 signed by Magistrate Judge Barbara A. McAuliffe on 12/7/2017. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JARED M. VILLERY, 10 11 12 Plaintiff, v. ORDER GRANTING DEFENDANTS’ MOTION TO MODIFY THE DISCOVERY AND SCHEDULING ORDER, AS AMENDED (ECF Nos. 42, 43) JEFFREY BEARD, et al., 13 14 Case No. 1:15-cv-00987-DAD-BAM (PC) Defendants. Exhaustion Motion Filing Deadline: February 2, 2018 15 16 Plaintiff Jared M. Villery is a state prisoner proceeding pro se and in forma pauperis in this civil 17 rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 18 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 Currently before the Court is Defendants’ motion to modify the discovery and scheduling 20 order to extend the deadline to file a motion for summary judgment for failure to exhaust 21 administrative remedies by thirty days, to February 2, 2018, (ECF No. 42), as amended, (ECF No. 22 43.) Plaintiff has not responded to the motion, but upon review of it and consideration of the issues 23 raised therein, the Court does not find any response necessary. Plaintiff will not be prejudiced by 24 the consideration of the motion, and it is deemed submitted. Local Rule 230(l). 25 The discovery and scheduling order was issued in this case on October 3, 2017. (ECF No. 26 33.) In a supporting declaration, defense counsel declares that Defendants promptly propounded 27 exhaustion-related discovery on Plaintiff on October 17, 2017. Defendants seek an extension of 28 time based on the fact that Plaintiff’s discovery responses related to exhaustion issues were slightly 1 1 delayed, and contained nearly 640 pages. Based on the delayed receipt and the extensive amount of 2 material received, defense counsel requires additional time to review the responses and determine if 3 grounds exist to file a motion for summary judgment based on the failure to exhaust. 4 Defense counsel further declares that Plaintiff does not oppose the requested extension, and 5 has attached a letter from Plaintiff in support. Plaintiff’s letter states that he required some 6 additional time to complete his discovery responses and that he understands this affects defense 7 counsel’s ability to determine whether there would be grounds for any exhaustion-related summary 8 judgment motion. The letter further states that in consideration of these issues, Plaintiff stipulated to 9 an extension of the current deadline. (ECF No. 43-1, at p. 40.) 10 Good cause being shown, the Court HEREBY GRANTS Defendants’ motion to modify the 11 discovery and scheduling order, as amended. The deadline for filing motions for summary judgment 12 under Federal Rule of Civil Procedure 56 for failure to exhaust administrative remedies extended to 13 February 2, 2018. 14 15 IT IS SO ORDERED. 16 17 Dated: /s/ Barbara December 7, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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