Williams v. Coalinga State Hospital et al

Filing 41

ORDER GRANTING Defendants' Second 40 Motion to Modify Discovery and Scheduling Order signed by Magistrate Judge Jennifer L. Thurston on 11/26/2019. (Sant Agata, S)

Case 1:19-cv-00917-JLT Document 11 Filed 11/26/19 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT C. WILLIAMS,

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Plaintiff,

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v.

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RUBEN CASANOVA, et al.,

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Defendants.

Case No.: 1:17-cv-00917-JLT (PC)
ORDER GRANTING DEFENDANTS’
SECOND MOTION TO MODIFY
DISCOVERY AND SCHEDULING ORDER
(Doc. 40)
Discovery Cut-Off Date: 12/6/2019

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Defendants have filed a motion to modify the Court’s discovery and scheduling order.

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(Doc. 40.) Defendants seek to extend the discovery cutoff date by seven days to conduct

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Plaintiff’s deposition. (Id. at 1, 3.) The current discovery cutoff is November 29, 2019. (Doc. 37

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at 2.) Defendants noticed Plaintiff’s deposition for November 26; however, Defendants cannot

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secure a reporter “without incurring an unreasonable amount of substantial costs due to the

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Thanksgiving holiday.” (Doc. 40 at 1; see also id. at 5.) Defendants contend the deposition is

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particularly critical because Plaintiff has not responded to their written discovery requests.1 (Id. at

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3.) Defendants plan to conduct Plaintiff’s deposition on December 5; they have confirmed the

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date with the prison and secured a reporter. (Id.) This is Defendants’ second request for an

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extension of time. The time for Plaintiff to file an opposition or statement of non-opposition has

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not yet passed; however, the Court finds neither necessary here and deems the motion submitted.

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Defendants filed a motion to compel, (Doc. 35), which is currently pending.

Case 1:19-cv-00917-JLT Document 11 Filed 11/26/19 Page 2 of 2

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Good cause appearing, the Court GRANTS Defendants’ motion. The Court modifies the

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discovery and scheduling order and sets December 6, 2019, as the new deadline for completion

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of all discovery, including filing motions to compel. All other deadlines remain in effect.

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IT IS SO ORDERED.
Dated:

November 26, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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