Sifuentes v. Ola, et al.

Filing 64

ORDER DENYING Plaintiff's Motion to Reopen Discovery; ORDER GRANTING Final 63 Extension of Time to File Opposition to Defendant's Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 1/31/2022. Thirty-Day Deadline to File Opposition. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIGUEL G. SIFUENTES,

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1:16-cv-0241-DAD-GSA (PC)
ORDER DENYING PLAINTIFF’S
MOTION TO REOPEN DISCOVERY

Plaintiff,

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vs.

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DR. OLA, et al.,

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ORDER GRANTING FINAL
EXTENSION OF TIME TO FILE
OPPOSITION TO DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT

Defendants

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(ECF No. 63.)

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THIRTY-DAY DEADLINE TO FILE
OPPOSITION

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I.

BACKGROUND

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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42

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U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint filed on April

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26, 2017 against defendant Dr. Ola (“Defendant”) for failure to provide adequate medical care

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in violation of the Eighth Amendment. (ECF No. 21.)

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On October 15, 2019, the court issued a Discovery and Scheduling Order establishing

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pretrial deadlines for the parties, including a discovery deadline of April 15, 2020, and a

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dispositive motions deadline of June 15, 2020. (ECF No. 43.) On February 19, 2021, after two
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extensions of the deadlines, the court granted Plaintiff’s motion to modify the scheduling order

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and extended the discovery deadline to March 29, 2021, and the dispositive motions deadline to

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May 28, 2021, for all parties. (ECF No. 53.) The deadlines have now expired.

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On May 28, 2021, Defendant filed a motion for summary judgment. (ECF No. 54.) On

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November 12, 2021, Plaintiff requested a 60-day extension of time to file an opposition to the

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motion for summary judgment. (ECF No. 59.) On November 16, 2021, the court granted

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Plaintiff’s request. (ECF No. 61.)

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On January 21, 2022, Plaintiff filed another request for extension of time to file his

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opposition and also a request to reopen discovery to allow him to take Defendant Ola’s

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deposition. (ECF No. 63.)

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II.

MOTION FOR EXTENSION OF TIME

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“When an act may or must be done within a specified time, the court may, for good cause,

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extend the time.” Fed. R. Civ. P. 6(b)(1). Good cause requires less than manifest injustice but a

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focus on the diligence of the moving party and that party’s reasons for seeking modification are

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the court’s focus in determining whether to permit an enlargement of time. Stoddart v. Express

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Services, 2017 WL 3333994 *1-*2 (E.D. Ca. August 4, 2017) (other citations omitted). “The

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District court possesses broad discretion to manage its own docket, which includes inherent

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power to control disposition of causes on its docket with economy of time and effort for itself,

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for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254–55, 57 S.Ct. 163, 81

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L.Ed. 153 (1936).

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Plaintiff requests an extension of time to file his opposition to Defendants’ motion for

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summary judgment. To show his due diligence in filing his opposition, Plaintiff informs the

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court of his failed efforts to acquire an attorney and submits evidence of his partially completed

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opposition.

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Defendants’ motion for summary judgment was filed on May 28, 2021, more than eight

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months ago, and Plaintiff was required to file a response to the motion within twenty-one days

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after the motion was filed. On October 4, 2021, the court issued an order requiring Plaintiff to

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file his opposition or statement of non-opposition within thirty days. (ECF No. 58.) On
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November 12, 2021, Plaintiff requested sixty more days, which the court granted. (ECF Nos. 59,

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61.) Now Plaintiff requests thirty more days.

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Plaintiff’s delays do not show his diligence in meeting the court’s deadlines.

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Nevertheless, as it appears that Plaintiff has prepared a significant part of his opposition the court

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finds good cause to grant Plaintiff one final thirty-day extension of time to complete and file his

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opposition. Plaintiff’s failure to comply with this order shall result in a recommendation that this

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case be dismissed.

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II.

MOTION TO REOPEN DISCOVERY

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Pursuant to Rule 16(b), a scheduling order “may be modified only for good cause and

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with the judge's consent.” Fed. R. Civ. P. 16(b)(4). The “good cause” standard “primarily

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considers the diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations,

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Inc., 975 F.2d 604, 609 (9th Cir. 1992). The court may modify the scheduling order “if it cannot

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reasonably be met despite the diligence of the party seeking the extension.” Id. If the party was

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not diligent, the inquiry should end. Id. Pursuant to Rule 56 of the Federal Rules of Civil

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Procedure, “If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot

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present facts essential to justify its opposition to a motion for summary judgment, the court may

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allow time to obtain affidavits or declarations or to take discovery.” F. R. Civ. P. 56(6).

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Plaintiff contends that the reopening of discovery is warranted to take Defendant Dr.

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Ola’s deposition because Dr. Ola “has not had to face cross examination or any questioning at

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all for his actions,” and Plaintiff “had to answer question about HIS conduct in a deposition under

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oath.” (ECF No. 63 at 4.)

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Plaintiff has not shown good cause for the court to reopen discovery at this stage of the

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proceedings. Discovery in this case was opened on October 15, 2019 and closed on March 29,

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2021, allowing Plaintiff more than fifteen months to conduct discovery, including the taking of

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Defendant’s deposition. Plaintiff has not given any specified reason that more discovery is

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needed to present facts essential to justify his opposition to the pending motion for summary

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judgment. Therefore, Plaintiff’s motion to reopen discovery shall be denied.

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III.

CONCLUSION
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Based on the foregoing, Plaintiff’s motion for extension of time, filed on January
21, 2022, is granted;

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Within thirty days from the date of service of this order, Plaintiff is granted one

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final extension of time in which to file his opposition to Defendant Ola’s motion

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for summary judgment;

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3.

Plaintiff’s motion to reopen discovery, filed on January 21, 2022, is denied; and

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4.

Plaintiff’s failure to comply with this order shall result in a recommendation that

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this case be dismissed.

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IT IS SO ORDERED.
Dated:

January 31, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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