Flynn v. Canlas, et al.

Filing 46

ORDER Granting Defendants' Second Request for Extension of Time to File Motion for Summary Judgment re 44 , signed by Magistrate Judge Barbara A. McAuliffe on 8/21/18. Dispositive Motions Due by 9/14/2018. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID FLYNN,

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Case No. 1:16-cv-01052-AWI-BAM (PC)
Plaintiff,

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v.

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ORDER GRANTING DEFENDANTS’
SECOND REQUEST FOR EXTENSION OF
TIME TO FILE MOTION FOR SUMMARY
JUDGMENT

CANLAS, et al.,
(ECF No. 44)

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Defendants.
Dispositive Motion Deadline: September 14,
2018

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Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff was a prisoner at

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the time this action was initiated. This action proceeds against Defendant Maddox for deliberate

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indifference to serious medical needs in violation of the Eighth Amendment.
Pursuant to the Court’s May 23, 2018 order, the deadline for filing all dispositive motions

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(other than a motion for summary judgment for failure to exhaust) is July 27, 2018. (ECF No.

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38.)

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Currently before the Court is Defendant Maddox’s second request for an extension of the

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dispositive motion deadline. (ECF No. 44.) Defendant explains that defense counsel only

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recently located Defendant Maddox in order to evaluation the potential merits of a summary

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judgment motion on her behalf, and has determined that a motion for summary judgment is
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appropriate. Defendant therefore requests an extension of the dispositive motion deadline to

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September 14, 2018. (Id.) Plaintiff has not yet had the opportunity to file a response, but the

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Court finds a response is unnecessary. The motion is deemed submitted. Local Rule 230(l).

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Upon review of the request, the Court finds that Defendant has shown good cause for

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modifying the scheduling order in this matter. Fed. R. Civ. P. 16(b)(4). Given the outstanding

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discovery responses due from Defendant Maddox, the Court finds that Plaintiff will not be

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prejudiced by the brief extension requested here.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Defendant’s motion for extension of time, (ECF No. 44), is GRANTED; and

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2. All dispositive motions (other than a motion for summary judgment for failure to

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exhaust) shall be filed on or before September 14, 2018.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 21, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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