Harris v. German et al
Filing
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ORDER GRANTING 72 Plaintiff's Request for Extension of Discovery for Limited Purpose Discussed in This Order signed by Magistrate Judge Gary S. Austin on 10/15/2019. Discovery Deadline (for limited purpose): 12/18/2019. Dispositive Motions filed by 2/18/2020. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DEVONTE HARRIS,
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Plaintiff,
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vs.
HUMBERTO GERMAN, et al.,
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Defendants.
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1:15-cv-01462-DAD-GSA-PC
ORDER GRANTING PLAINTIFF’S
REQUEST FOR EXTENSION OF
DISCOVERY FOR LIMITED PURPOSE
DISCUSSED IN THIS ORDER
(ECF No. 72.)
ORDER EXTENDING DISPOSITIVE
MOTIONS DEADLINE
New discovery deadline:
(for limited purpose)
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12/18/2019
New dispositive motions deadline: 02/18/2020
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I.
BACKGROUND
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Devonte Harris (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with
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this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the First
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Amended Complaint filed by Plaintiff on March 14, 2016, against defendants (Correctional
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Officers) (C/O) Humberto German, C/O Philip Holguin, and C/O R. Bunitzki (collectively,
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“Defendants”), for use of excessive force in violation of the Eighth Amendment; and, against
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defendant C/O Philip Holguin for retaliation in violation of the First Amendment. (ECF No. 8.)
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On April 24, 2019, the court issued a scheduling order reopening discovery and setting
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new deadlines for the parties. (ECF No. 65.) The deadline for completion of discovery, including
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the filing of motions to compel, was extended to August 30, 2019, and the deadline for filing
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dispositive motions was extended to October 30, 2019. (Id.)
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On August 23, 2019, Plaintiff filed a motion to extend discovery for sixty days from the
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date of the court’s order granting the motion. (ECF No. 72.) Defendants have not filed an
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opposition to Plaintiff’s motion.
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II.
MOTION TO MODIFY SCHEDULING ORDER
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Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P.
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16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations,
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Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the
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modification of a scheduling order must generally show that even with the exercise of due
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diligence, they cannot meet the requirement of the order. Id. The Court may also consider the
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prejudice to the party opposing the modification. Id. If the party seeking to amend the scheduling
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order fails to show due diligence the inquiry should end and the Court should not grant the motion
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to modify. Zivkovic v. Southern California Edison, Co., 302 F.3d 1080, 1087 (9th Cir. 2002).
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Plaintiff requests an extension of the discovery deadline until sixty days from the date of
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this order. Plaintiff asserts that he is awaiting the court’s ruling on his motion to compel filed on
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January 31, 2019, in which Plaintiff sought to inspect video evidence and compel production of
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documents from an internal affairs investigation.1 Plaintiff also asserts that on or about August
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5, 2019, he learned of a $50,000.00 settlement from another lawsuit. Plaintiff requests time to
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conduct depositions in this case using the settlement funds. Plaintiff plans to obtain a court order
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allowing and facilitating the depositions. Plaintiff contends that he will not have time to arrange
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and conduct the depositions unless the current August 30, 2019 discovery deadline is extended.
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The court finds good cause to modify the court’s scheduling order to extend discovery
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for this limited purpose. Plaintiff has shown diligence in his efforts to arrange and conduct
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On September 24, 2019, the court granted Plaintiff’s January 31, 2019 motion to compel. (ECF
No. 77.)
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depositions using funds from the settlement of another lawsuit, but he was unable to do so by the
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August 30, 2019 deadline. Defendants have not opposed Plaintiff’s motion. Therefore, good
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cause appearing, Plaintiff’s motion for extension of the discovery deadline shall be granted for
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the limited purpose of Plaintiff arranging and conducting depositions in this case.
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In light of this ruling, the court finds good cause to extend the deadline for filing
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dispositive motions in this case for all parties until February 18, 2020.
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III.
CONCLUSION
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Based on the foregoing, and good cause appearing, IT IS HEREBY ORDERED that:
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1.
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Plaintiff’s motion to modify the court’s April 24, 2019 Scheduling Order, is
GRANTED;
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Plaintiff is GRANTED an extension of the discovery deadline until December
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18, 2019, for the limited purpose of Plaintiff arranging and conducting
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depositions in this case;
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3.
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The deadline for filing dispositive motions in this case for all parties is extended
from October 30, 2019 until February 18, 2020; and
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All other provisions of the court's April 24, 2019 Scheduling Order remain the
same.
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IT IS SO ORDERED.
Dated:
October 15, 2019
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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