Dickson v. Gomez et al

Filing 51

ORDER GRANTING 49 Defendants' Ex Parte Application to Modify Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 3/26/2020. The discovery and dispositive motion deadlines are vacated. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER DICKSON,

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Plaintiff,

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v.

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GOMEZ, et al.,

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Case No. 1:17-cv-00294-DAD-BAM (PC)
ORDER GRANTING DEFENDANTS’ EX
PARTE APPLICATION TO MODIFY
SCHEDULING ORDER
(ECF No. 49)

Defendants.

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Plaintiff Christopher Dickson (“Plaintiff”) is a 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. This action proceeds on

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Plaintiff’s second amended complaint against Defendants Gomez, Rios, and Martinez for

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excessive force, against Defendants Duncan and Esparza for violations of Plaintiff’s due process

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rights, and against Defendant Sao for deliberate indifference to serious medical needs.

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On December 3, 2019, Defendants filed a motion for summary judgment on the grounds

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that Plaintiff failed to properly exhaust administrative remedies before filing this action against

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Defendants Duncan, Esparza, Gomez, Martinez, Rios, and Sao or for any claim against these

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Defendants, and that Plaintiff failed to identify all his medical claims and identify Defendant Sao

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within his inmate appeals. (ECF No. 37.) Pursuant to the Court’s October 10, 2019 Discovery

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and Scheduling Order, the deadline for the completion of all discovery was set for June 10, 2020,

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and the deadline for filing all dispositive motions is August 20, 2020. (ECF No. 36.) The Court
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has stayed all non-exhaustion discovery pending the disposition of Defendants’ summary

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judgment motion. (ECF No. 45.)

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On March 25, 2020, Defendants filed the instant motion to modify the Discovery and

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Scheduling Order to vacate the discovery and dispositive motion deadlines. (ECF No. 49.) The

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

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Pursuant to Rule 16(b), a scheduling order “may be modified only for good cause and

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with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The “good cause” standard “primarily

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considers the diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations,

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Inc., 975 F.2d 604, 609 (9th Cir. 1992). The court may modify the scheduling order “if it cannot

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reasonably be met despite the diligence of the party seeking the extension.” Id. If the party was

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not diligent, the inquiry should end. Id.

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Defendants state that good cause exists to modify the scheduling order because the

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pending motion for summary judgment will likely dispose of at least some of the Defendants and

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claims, if not the entire action. In the event the motion for summary judgment is denied in whole

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or part, Defendants will need to conduct discovery as to Plaintiff’s claims. In addition, filing a

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motion for summary judgment on the merits of Plaintiff’s action prior to the Court ruling on the

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pending motion for summary judgment as to exhaustion would needlessly force the parties and

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the Court to expend scarce resources addressing the claims on the merits. If some of the claims

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remain, a dispositive motion on the merits would be more streamlined. Extending the dispositive

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motion deadline also furthers the goal of deciding exhaustion before reaching the merits of the

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claims. Thus, Defendants request that the Court continue the discovery and dispositive motion

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deadlines until the Court rules on the pending motion for summary judgment based on

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exhaustion. (ECF No. 49.)

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Having considered Defendants’ moving papers, the Court finds good cause to continue the

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discovery and dispositive motion deadlines in this action. Defendants have been diligent in filing

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the pending summary judgment motion, and it would be a waste of the resources of the Court and

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the parties to require the filing of potentially unnecessary dispositive motions, or for the parties to

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conduct unnecessary discovery. Plaintiff will not be prejudiced by the relief requested, as the
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Court will reset the applicable deadlines if necessary following a ruling on the pending motion.
Based on the foregoing, Defendants’ motion to modify the scheduling order, (ECF No.

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49), is HEREBY GRANTED. The discovery and dispositive motion deadlines are VACATED.

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As necessary and appropriate, the Court will reset the deadlines following resolution of the

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pending motion for summary judgment.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 26, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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