Garcia v. Garcia, et al.
Filing
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ORDER GRANTING DEFENDANTS REQUEST FOR ORDER FOR EXTENSION OF TIME TO TAKE THE DEPOSITION OF PLAINTIFF;ORDER EXTENDING DISPOSITIVE MOTION DEADLINE, signed by Magistrate Judge Barbara A. McAuliffe on 10/15/2020. ( Discovery due by 1/18/2021, Dispositive Motions filed by 3/18/2021)(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARCO A. GARCIA,
Plaintiff,
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ORDER EXTENDING DISPOSITIVE
MOTION DEADLINE
v.
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ORDER GRANTING DEFENDANTS’
REQUEST FOR ORDER FOR EXTENSION
OF TIME TO TAKE THE DEPOSITION OF
PLAINTIFF
(ECF No. 42)
Defendants.
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GARCIA, et al.,
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Case No. 1:17-cv-01313-BAM (PC)
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Discovery Deadline: January 18, 2021
Dispositive Motion Deadline: March 18, 2021
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Plaintiff Marco A. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
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Plaintiff’s complaint against Defendants Garcia and Bursiaga for excessive force in violation of
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the Eighth Amendment. All parties have consented to Magistrate Judge jurisdiction and the case
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has been reassigned to the undersigned for all further purposes and proceedings, including trial
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and entry of judgment. (ECF No. 28.)
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Pursuant to the Court’s December 12, 2018 discovery and scheduling order and June 19,
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2020 order resetting discovery and dispositive motion deadlines, the deadline for completion of
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all discovery is October 18, 2020 and the deadline for filing all dispositive motions (other than a
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motion for summary judgment for failure to exhaust) is December 18, 2020. (ECF Nos. 26, 38.)
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Plaintiff’s responses to Defendants’ written discovery requests were also due on or before
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September 28, 2020. (ECF No. 40.)
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Currently before the Court is Defendants’ request for an extension of time to take
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Plaintiff’s deposition, filed October 14, 2020. (ECF No. 42.) Although Plaintiff has not had an
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opportunity to respond to the motion, the Court finds a response unnecessary and the motion is
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deemed submitted. Local Rule 230(l).
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.
In their motion, Defendants state that they received Plaintiff’s responses to their written
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discovery requests on September 18, 2020. (ECF No. 42.) Having reviewed the responses,
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Defendants would like to take Plaintiff’s deposition, but are unable to do so before the October
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18, 2020 discovery deadline. In addition, due to Plaintiff’s incarceration, Defendants will need to
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obtain permission from the institution to conduct Plaintiff’s virtual deposition (as in-person
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depositions are not allowed due to COVID-19) and to make arrangements for the necessary
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technology to be provided to Plaintiff. Defendants state that good cause therefore exists to
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continue the discovery cutoff to at least January 18, 2021. (Id.)
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Having considered the request, the Court finds good cause to continue the discovery
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deadline in this action. Defendants have been diligent in their efforts to obtain responses to their
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written discovery requests and their prior attempt to take Plaintiff’s deposition, and circumstances
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outside of Defendants’ control prevent their taking of Plaintiff’s deposition prior to the current
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discovery deadline. The Court finds that Plaintiff will not be prejudiced by the brief extension
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here. Finally, as the extended discovery deadline exceeds the current deadline for the filing of
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dispositive motions, the Court also finds it appropriate to extend the dispositive motion deadline.
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Accordingly, IT IS HEREBY ORDERED as follows:
1. Defendants’ request for order for extension of time to take the deposition of Plaintiff,
(ECF No. 42), is GRANTED;
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2. The deadline for completion of all discovery is extended to January 18, 2021; and
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3. The deadline for filing all dispositive motions (other than a motion for summary judgment
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for failure to exhaust) is extended to March 18, 2021.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
October 15, 2020
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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