Gaines v. Sherman et al

Filing 55

ORDER denying Defendant's Motion to modify Discovery Scheduling Order 53 signed by Magistrate Judge Jennifer L. Thurston on 12/11/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LESLIE JAMES GAINES, JR.,

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Plaintiff,

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v.

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BEASLEY, et al.,

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No. 1:15-cv-1533 LJO JLT PC
ORDER DENYING DEFENDANT’S
MOTION TO MODIFY DISCOVERY
SCHEDULING ORDER
(Doc. 53.)

Defendants.

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Defendant Curtiss moves to modify the dispositive motion deadline, which is currently set

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for January 3, 2019. (Docs. 39, 53.) Defendant’s motion follows the adoption by the district judge

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of the October 22, 2018, findings and recommendations to dismiss all defendants except Curtiss

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for failure to exhaust administrative remedies. (Docs. 41, 47, 52.) This action thus proceeds

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against Curtiss on a single First Amendment retaliation claim. Plaintiff has filed an appeal

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regarding this determination (Docs. 49, 54), and Curtiss now asks the Court to continue the

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deadline for filing dispositive motions to thirty days after the Ninth Circuit Court of Appeals has

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ruled on plaintiff’s appeal.

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The Court does not find good cause to continue this deadline for what may turn out to be

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several months. Fed. R. Civ P. 16(b)(4). Contrary to defendant’s characterization of the

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procedural posture of this case, the claims against all defendants but him have been dismissed;

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they are not awaiting dismissal pending the Ninth Circuit’s order. The Court further does not find
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that proceeding with the schedule as is would cause confusion or unnecessary litigation costs.

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Accordingly, the Court DENIES defendant’s motion to modify the dispositive motion

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deadline (Doc. 53).

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IT IS SO ORDERED.
Dated:

December 11, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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