Smith v. Goss, et al.

Filing 70

ORDER GRANTING Defendants' 69 Third Motion to Modify Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2020. Discovery Deadline: November 2, 2020; Exhaustion Motion Deadline: January 4, 2021; Dispositive Motion Deadline: February 16, 2021. (Marrujo, C)

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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 DEFENDANTS’ THIRD
MOTION TO MODIFY SCHEDULING
ORDER
(ECF No. 69)
Discovery Deadline: November 2, 2020
Exhaustion Motion Deadline: January 4,
2021
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 May 19, 2020 order granting in part Defendants’ second motion to

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modify the scheduling order, discovery was to be completed by September 18, 2020, exhaustion

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motions were to be filed by November 18, 2020, and dispositive motions were to be filed by

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February 16, 2021. (ECF No. 67.)

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Currently before the Court is Defendants’ third motion to modify the scheduling order,
filed September 3, 2020. (ECF No. 69.) Defendants state that, as a result of the continuing
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COVID-19 crisis, Defendants have been prevented from completing Plaintiff’s deposition until

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recently, and there are no available deposition dates prior to the current discovery deadline of

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September 18, 2020. Defendants have reserved time to take Plaintiff’s deposition by video on

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September 24, 2020, and believe that the deposition could be completed, absent the filing of a

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motion for protective order or a further outbreak of COVID-19 at Plaintiff’s institution, by

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October 15, 2020. Defendants therefore request that the Court modify the current scheduling

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order to extend the deadlines for completion of discovery and exhaustion summary judgment

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motions by forty-five days, and keep the deadline to file non-exhaustion summary judgment

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motions in place. (Id.)

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Plaintiff has not yet had an opportunity to file a response, but the Court finds a response is
unnecessary. The motion is deemed submitted. Local Rule 230(l).

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Having considered the request, the Court finds good cause to grant, the requested

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extensions of the discovery and exhaustion 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 not feasible due to the

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circumstances surrounding the COVID-19 outbreak. The Court finds that Plaintiff will not be

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prejudiced by the extensions granted here.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Defendants’ third motion to modify the scheduling order, (ECF No. 69), is

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GRANTED;
2. The deadline for completion of all discovery, including Plaintiff’s deposition, is

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extended from September 18, 2020 to November 2, 2020;

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3. The deadline for filing motions for summary judgment for failure to exhaust

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administrative remedies is extended from November 18, 2020 to January 4, 2021;

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4. The deadline for filing all dispositive motions (other than a motion for summary

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judgment for failure to exhaust) remains February 16, 2021; and

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5. 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

September 16, 2020

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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