Williams v. Baker et al

Filing 53

ORDER Extending Discovery Deadline signed by Magistrate Judge Jeremy D. Peterson on 11/23/2018. (Sant Agata, S)

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McGREGOR W. SCOTT
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Christopher Baker

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHANNON WILLIAMS,

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Plaintiff,

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v.

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OFFICER BAKER; WARDEN PAUL
COPENHAVER; OFFICER BORJA; ASS.
WARDEN SNYDER,

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Defendants.

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1:16-cv-001540 DAD-JDP
EX PARTE APPLICATION FOR
EXTENSION OF DISOVERY
DEADLINE; ORDER

Defendant Christopher Baker requests to extend the discovery deadline to allow for a ruling on

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the pending dispositive motion as to Plaintiff Shannon Williams’ excessive force claim. Defendant

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acted diligently in filing his dispositive motion and good cause exists for approximately a ninety-day

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continuance of the discovery deadline to allow for a ruling on the motion that may end the lawsuit.

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GOOD CAUSE EXISTS TO CONTINUE THE DISCOVERY DATE
BASED ON DEFENDANT’S PENDING DISPOSITIVE MOTION
Modification of a scheduling order requires a showing of good cause and due diligence. Fed. R.

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Civ. Proc. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). To

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establish good cause, the party seeking the modification of a scheduling order must generally show that

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even with the exercise of due diligence, they cannot meet the requirement of the order. Id. The court

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may also consider the prejudice to the party opposing the modification. Id.

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This lawsuit is a Bivens1 action filed by Williams, a federal inmate proceeding pro se against

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former BOP Correctional Officer Christopher Baker, alleging a claim of excessive force and a separate

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claim for retaliation arising from an incident on October 13, 2014, at United States Penitentiary Atwater.

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ECF No. 12. The claim for retaliation was dismissed per order dated September 27, 2018. ECF No. 50.

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Defendant also filed a dispositive motion for summary adjudication on the claim of excessive force,

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which was only recently fully briefed, i.e., August 31, 2018, and is currently under submission. ECF

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Nos. 45-46, 49. It is anticipated that after Findings and Recommendations are issued, the parties will

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evaluate the need to respond before the Findings and Recommendations are sent to the District Judge for

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a final ruling. The current discovery deadline of December 4, 2018, therefore, may expire prior to a

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final ruling on Defendant’s dispositive motion. Consequently, the parties’ resources are conserved by

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extending the current discovery deadline approximately ninety days to March 4, 2019, to allow for a

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ruling on the motion that can potentially end this action. See United States v. W.R. Grace, 526 F.3d 499,

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509 (9th Cir. 2008) (court’s inherent power to control its docket). Additionally, no prejudice will be

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suffered by this extension of approximately ninety days for the discovery deadline because no trial date

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has been set in this action.2 ECF No. 23.
Accordingly, for good cause showing, including the saving of time and resources in allowing

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additional time for a ruling on the pending dispositive motion, Defendant requests the discovery

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deadline be extended approximately ninety-days.
Respectfully submitted,

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Dated: October 12, 2018

McGREGOR W. SCOTT
United States Attorney

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By:

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/s/Alyson A. Berg
ALYSON A. BERG
Assistant U.S. Attorney
Attorneys for Defendant

Bivens v. Six Unknown Agents, 403 U.S. 388 (1971).

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Williams is serving a 480-month aggregate sentence for one count of conspiracy to distribute and
possession with intent to distribute marijuana in violation of 21 U.S.C. § 846 and one count of money
laundering in violation of 18 U.S.C. § 1956(h). He is eligible for release for good time conduct on
April 16, 2044.

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ORDER

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The discovery deadline is continued to March 4, 2019.
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IT IS SO ORDERED.

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Dated:

November 23, 2018
UNITED STATES MAGISTRATE JUDGE

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