Scott v. Beregovskay, et al.

Filing 55

ORDER GRANTING 54 Defendants' Motion to Extend the Dispositive Motions Deadline signed by Magistrate Judge Gary S. Austin on 7/1/2021. Dispositive Motions filed by 8/9/2021. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TIANTE DION SCOTT,

12

Plaintiff,

13
14

vs.

1:17-cv-01146-NONE-GSA-PC
ORDER GRANTING DEFENDANTS’
MOTION TO EXTEND THE DISPOSITIVE
MOTIONS DEADLINE
(ECF No. 54.)

BEREGOVSKAYA, et al.,

15

Defendants.

16

ORDER EXTENDING DEADLINE FOR
ALL PARTIES TO THIS ACTION
New Dispositive Motions Deadline: 08/09/21

17
18
19
20
21

I.

BACKGROUND

22

Tiante Dion Scott (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

23

with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s

24

Third Amended Complaint filed on November 19, 2018, on Plaintiff’s medical claims against

25

Defendants Dr. Beregovskaya, Dr. David Gines, LVN C. Agbasi, and RN A. Armendariz.1 (ECF

26

No. 25.)

27
28
1

Sued as Armendarez.
1

1

On November 5, 2020, the court issued a Discovery and Scheduling Order establishing

2

pretrial deadlines for the parties, including a deadline of June 5, 2021 to file pretrial dispositive

3

motions. (ECF No. 50.) On March 26, 2021, Defendants filed a motion to modify the court’s

4

dispositive motions deadline. (ECF No. 54.)

5

II.

MOTION TO MODIFY SCHEDULING ORDER

6

Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P.

7

16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations,

8

Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the

9

modification of a scheduling order must generally show that even with the exercise of due

10

diligence, they cannot meet the requirement of the order. Id. The court may also consider the

11

prejudice to the party opposing the modification. Id. If the party seeking to amend the scheduling

12

order fails to show due diligence the inquiry should end and the court should not grant the motion

13

to modify. Zivkovic v. Southern California Edison, Co., 302 F.3d 1080, 1087 (9th Cir. 2002). A

14

party may obtain relief from the court’s deadline date for discovery by demonstrating good cause

15

for allowing further discovery. Fed. R. Civ. P. 16(b)(4).

16

Defendants argue that good cause exists to extend the dispositive motions deadline in this

17

case for 60 days, because the Defendants have been unable to assist in the completion of their

18

declarations and the compilation of all pertinent medical records needed to prepare a motion for

19

summary judgment, due to their extremely busy schedules and considerable tasks in managing

20

their heavy patient caseloads of inmates incarcerated at North Kern State Prison where Dr.

21

Beregovskaya is a CDCR Physician and Surgeon, Dr. Gines is a retired CDCR Physician and

22

Surgeon, and Defendants Armendariz and Agbasi are CDCR nurses. (Declaration of Hsu, ECF

23

No. 54 at 5 ¶¶ 4, 5.) Defendants do not believe that a brief extension of time to file dispositive

24

motions will prejudice Plaintiff’s case. (Id. at ¶ 7.)

25

The court finds good cause to extend the dispositive motions deadline in this action until

26

August 9, 2021. Plaintiff has not opposed Defendants’ motion. Thus, good cause appearing,

27

Defendants’ motion to modify the Discovery and Scheduling Order shall be granted.

28

///
2

1

III.

CONCLUSION

2

Based on the foregoing, IT IS HEREBY ORDERED that:

3

1.

4
5

Discovery and Scheduling Order, filed on May 26, 2021, is GRANTED;
2.

6
7

Defendants’ motion to modify the dispositive motions deadline in the Court's

The deadline for filing and serving pretrial dispositive motions is extended from
June 5, 2021 to August 9, 2021 for all parties to this action; and

4.

8

All other provisions of the court’s November 5, 2020 Discovery and Scheduling
Order remain the same.

9
10
11
12

IT IS SO ORDERED.
Dated:

July 1, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3