Caputo v. Kern County Sheriff's Office

Filing 177

ORDER re 173 Motion by Defendant Michelle Black for Leave to File a Motion for Summary Judgment signed by Magistrate Judge Erica P. Grosjean on 5/29/2019. 2-week deadline. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN CAPUTO,

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Case No. 1:15-cv-01008-LJO-EPG (PC)

Plaintiff,

ORDER RE: MOTION BY DEFENDANT
MICHELLE BLACK FOR LEAVE TO FILE
A MOTION FOR SUMMARY JUDGMENT

v.
GONZALES, et al.,

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(ECF NO. 173)

Defendants.

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Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this
this civil rights action filed pursuant to 42 U.S.C. § 1983.

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On May 23, 2019, defendant Black filed a motion for leave to file a motion for

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summary judgment. (ECF No. 173). Defendant Black argues that good cause exists to allow

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defendant Black to file a motion for summary judgment, even though the dispositive motion

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deadline has passed. Plaintiff’s “deposition was repeatedly frustrated primarily due to his

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transfer to another Federal Prison as a result of a hurricane and the government shut-down.

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With the relocation of numerous new prisoners and the government shut-down, the new prison

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was experiencing staffing issues, was required to bring numerous temporary prison staff in and

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out of the facility on bi-weekly or monthly movements and, as admitted by the prison staff, was

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very understaffed. These issues interfered with Defendants ability to properly notice and take

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Plaintiff was detained at Kern County Jail at the time of the incidents alleged in the complaint. He is
now incarcerated at USP Yazoo City.
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Plaintiff's deposition.” (Id. at 1-2). After finally deposing Plaintiff and reviewing the

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transcript, defendant Black believes she has a reasonable basis for summary judgment being

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granted as to the claim against her.

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The Court finds good cause to modify the schedule to a limited extent. Accordingly, IT
IS ORDERED that:

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1. Defendant Black has two weeks from the date of service of this order to file a

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motion for summary judgment;

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2. Plaintiff has three weeks from the date of service of the motion for summary

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judgment to file his opposition; and
3. Defendant Black has seven days from the date of service of Plaintiff’s

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opposition to file her reply.

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4. The remainder of the schedule remains as previously set, including the trial date.

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IT IS SO ORDERED.
Dated:

May 29, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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