Doster v. Beard et al
Filing
59
ORDER GRANTING 57 Motion to Modify Scheduling Order, signed by Magistrate Judge Gary S. Austin on 8/31/17. New Dispositive Motions Deadline: November 30, 2017. (Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
Plaintiff,
13
14
1:15-cv-01415-DAD-GSA-PC
DAMIAN T. DOSTER,
ORDER GRANTING MOTION TO
MODIFY SCHEDULING ORDER
(ECF No. 57.)
vs.
JEFFREY A. BEARD, et al.,
15
New Dispositive Motions Deadline:
November 30, 2017
Defendants.
16
17
I.
BACKGROUND
18
Damian T. Doster (“Plaintiff”) is a state prisoner proceeding pro se and in forma
19
pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds
20
with Plaintiff’s First Amended Complaint filed on March 25, 2016, against defendants, Chief
21
Deputy Warden F. Vasquez, Yard Captain P. Llamas, Sgt. Sarah Leon, and Maintenance
22
Engineer Ric Pavich (collectively, “Defendants”), on Plaintiff’s claims for adverse conditions
23
of confinement under the Eighth Amendment and related negligence claims. (ECF No. 13.)
24
On July 31, 2017, Defendants filed a motion to modify the scheduling order to extend
25
the deadline for filing dispositive motions. (ECF No. 57.) Plaintiff has not filed an opposition.
26
II.
MODIFICATION OF SCHEDULING ORDER
27
Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P.
28
16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations,
1
1
Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the
2
modification of a scheduling order must generally show that even with the exercise of due
3
diligence, they cannot meet the requirement of the order. Id. The court may also consider the
4
prejudice to the party opposing the modification. Id. If the party seeking to amend the
5
scheduling order fails to show due diligence the inquiry should end and the court should not
6
grant the motion to modify. Zivkovic v. Southern California Edison, Co., 302 F.3d 1080, 1087
7
(9th Cir. 2002).
8
Defendants request a four-month extension of the deadline for filing dispositive motions
9
in an effort to allow the court to issue a final ruling on the pending summary judgment motion
10
and, to permit Defendants adequate time to prepare a merits based motion for summary
11
judgment. The current deadline for filing dispositive motions is July 31, 2017, which has
12
expired. (ECF No. 50.) Defendants have provided evidence that even with the exercise of due
13
diligence, they could not and cannot meet the current July 31, 2017, deadline. Therefore, the
14
court finds good cause to grant Defendants’ motion, extending the dispositive motions deadline
15
until November 30, 2017, for all parties to this action.
16
III.
CONCLUSION
17
Good cause appearing, IT IS HEREBY ORDERED that:
18
1.
19
20
Defendants’ motion to modify the discovery and scheduling order, filed on July
31, 2017, is GRANTED; and
2.
21
The deadline for filing dispositive motions is extended from July 31, 2017 to
November 30, 2017, for all parties to this action.
22
23
24
25
IT IS SO ORDERED.
Dated:
August 31, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?