Manago v. Davey et al
Filing
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ORDER GRANTING Motions to Modify Scheduling Order 86 , 88 ; ORDER EXTENDING Discovery Deadline and Deadline to File Dispositive Motions for All Parties, signed by Magistrate Judge Gary S. Austin on 7/28/17: New Discovery Deadline 10/6/2017; New Dispositive Motions Deadline 12/6/2017. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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1:16-cv-00399-LJO-GSA-PC
STEWART MANAGO,
ORDER GRANTING MOTIONS TO
MODIFY SCHEDULING ORDER
(ECF Nos. 86, 88.)
vs.
D. DAVEY, et al.,
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ORDER EXTENDING DISCOVERY
DEADLINE AND DEADLINE TO FILE
DISPOSITIVE MOTIONS FOR ALL
PARTIES
Defendants.
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New Discovery Deadline:
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10/06/17
New Dispositive Motions Deadline: 12/06/17
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I.
BACKGROUND
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Stewart Manago (“Plaintiff”) is a former state prisoner proceeding pro se and in forma
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pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the
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Complaint commencing this action on March 24, 2016. (ECF No. 1.) This case now proceeds
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with the First Amended Complaint filed on April 18, 2016, against defendants J. Acevedo, D.
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Davey, A. Maxfield, E. Razo, M.V. Sexton, A. Valdez, and J. Vanderpoel (collectively,
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“Defendants”), on Plaintiff’s First Amendment retaliation claims. (ECF No. 13.)
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On August 9, 2016, the Court issued a Discovery and Scheduling Order establishing
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pretrial deadlines for the parties, including a deadline of January 6, 2017, for the parties to
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complete discovery, including the filing of motions to compel, and a deadline of March 7,
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2017, for the filing of pretrial dispositive motions. (ECF No. 45.) On December 9, 2016, the
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court issued an order extending the discovery deadline to March 7, 2017, and the dispositive
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motions deadline to May 6, 2017. (ECF No. 70.) On May 22, 2017, the court issued an order
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extending the discovery deadline to July 7, 2017, and the dispositive motions deadline to
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September 8, 2017. (ECF No. 85.)
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On June 9, 2017, and July 12, 2017, Defendants filed motions to modify the scheduling
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order to extend the deadlines. (ECF Nos. 86, 88.)
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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
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scheduling order fails to show due diligence the inquiry should end and the Court should not
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grant the motion to modify. Zivkovic v. Southern California Edison, Co., 302 F.3d 1080, 1087
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(9th Cir. 2002).
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In their first motion (ECF No. 86), Defendants request a sixty-day extension of the
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discovery deadline from July 7, 2017, to September 5, 2017, and a sixty-day extension of the
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dispositive motions deadline from September 8, 2017, to November 7, 2017. In their second
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motion (ECF No. 88), Defendants request extensions of the same deadlines until sixty days
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from the date the court rules on Defendants’ motion to compel filed concurrently with the
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second motion. Defendants seek additional time to conduct further discovery, to schedule and
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take Plaintiff’s deposition, and, if necessary, file another motion to compel.
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Defense counsel has filed a declaration dated July 12, 2017, in which she sets forth
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Defendants’ diligence in attending to the matters in this case. (ECF No. 88-1.) The court finds
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that Defendants have shown that even with the exercise of due diligence they cannot meet the
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deadlines established in the court’s Discovery and Scheduling Order. Therefore, the court finds
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good cause to extend the outstanding deadlines for all parties to this action. Plaintiff has not
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opposed Defendants’ motions to modify the scheduling order.
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Good cause appearing, the discovery deadline shall be extended to October 6, 2017, for
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all parties to this action, and the dispositive motions deadlines shall be extended to December
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6, 2017, for all parties to this action.1 Any further requests for extension of deadlines should be
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filed before the expiration of the existing deadlines.
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III.
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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that:
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Defendants’ motions to modify the Court’s Discovery and Scheduling Order,
filed on June 9, 2017, and July 12, 2017, are GRANTED;
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The deadline for the completion of discovery, including the filing of motions to
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compel, is extended from July 7, 2017, to October 6, 2017, for all parties to this
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action;
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3.
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The deadline for filing and serving pretrial dispositive motions is extended from
September 8, 2017, to December 6, 2017, for all parties to this action; and
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All other provisions of the Court’s August 9, 2016, Discovery and Scheduling
Order remain the same.
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IT IS SO ORDERED.
Dated:
July 28, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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The court prefers not to set deadlines conditioned on future events.
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