Smith v. Goss, et al.

Filing 67

ORDER GRANTING IN PART Defendants' 66 Motion to Modify Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 5/19/2020. (Discovery Deadline: 09/18/2020, Exhaustion Motion Deadline: 11/18/2020 and Dispositive Motion Deadline: 02/16/2021) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,
v.
CHANELO, et al.,
Defendants.

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Case No. 1:16-cv-01356-NONE-BAM (PC)
ORDER GRANTING IN PART
DEFENDANTS’ MOTION TO MODIFY
SCHEDULING ORDER
(ECF No. 66)
Discovery Deadline: September 18, 2020
Exhaustion Motion Deadline: November 18,
2020
Dispositive Motion Deadline: February 16,
2021

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Plaintiff Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action

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proceeds on Plaintiff’s first amended complaint as to the excessive force claim of March 13, 2013

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against Defendants Sotelo, Chanelo, Wattree, Hunt, Castro, Gonzalez, Ramirez, and Rodriguez.

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Pursuant to the Court’s March 24, 2020 order granting Defendants’ request to modify the

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discovery and scheduling order, discovery was to be completed by May 18, 2020, exhaustion

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motions were to be filed by July 6, 2020, and dispositive motions were to be filed by November

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6, 2020. (ECF No. 58.)

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Currently before the Court is Defendants’ motion to modify the scheduling order, filed
May 15, 2020. (ECF No. 66.) Defendants state that, as a result of the continuing COVID-19
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crisis, CDCR has requested that the OAG refrain from scheduling inmate depositions in order to

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minimize movement of inmates and staff inside the institution and thereby minimize the risk of

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spreading the virus. This policy remains in place and, combined with Plaintiff’s continued refusal

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to sit for a deposition, prevents Defendants from re-noticing Plaintiff’s deposition for the

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foreseeable future. Defendants argue that they have been diligent in attempting to take Plaintiff’s

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deposition to explore the bases for Plaintiff’s claims and whether his failure to exhaust an

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available administrative remedy is a viable defense, but have been prevented from doing so

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because of the COVID-19 crisis. Accordingly, Defendants argue that good cause exists to modify

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the current schedule for discovery and filing dispositive motions and request that the Court extend

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the discovery deadline by 120 days and the deadline to file dispositive motions by 180 days. (Id.)

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Plaintiff has not yet had an opportunity to file a response, but the Court finds a response is

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unnecessary. The motion is deemed submitted. Local Rule 230(l).
Having considered the request, the Court finds good cause to grant, in part, the requested

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extensions of the discovery and dispositive motion deadlines. Fed. R. Civ. P. 16(b)(4).

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Defendants have worked diligently to meet the deadlines set by the Court for taking Plaintiff’s

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deposition and filing dispositive motions, but those deadlines are no longer feasible due to the

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circumstances surrounding the COVID-19 outbreak. Although Defendants did not specifically

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request an extension of the deadline to file motions for summary judgment for failure to exhaust

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administrative remedies, the Court finds it appropriate to extend this deadline as well, to allow the

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Court to address this potential issue before reaching the merits of Plaintiff’s claims, if applicable.

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Finally, the Court finds that Plaintiff will not be prejudiced by the extension granted here.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Defendants’ motion to modify the scheduling order, (ECF No. 66), is GRANTED IN

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PART;
2. The parties are directed to meet and confer, and agree on a date for Plaintiff’s
deposition, to be taken on or before September 18, 2020;
3. The deadline for completion of all discovery, including Plaintiff’s deposition, is
extended from May 18, 2020 to September 18, 2020;
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4. The deadline for filing motions for summary judgment for failure to exhaust

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administrative remedies is extended from July 6, 2020 to November 18, 2020;
5. The deadline for filing all dispositive motions (other than a motion for summary

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judgment for failure to exhaust) is extended from November 6, 2020 to February 16,

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2021; and

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6. A request for an extension of a deadline set in this order must be filed on or before the

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expiration of the deadline in question and will only be granted on a showing of good

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cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 19, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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