Robinson v. Davey et al

Filing 64

ORDER GRANTING Defendants Peterson and German's 63 Motion to Modify Scheduling Order; ORDER EXTENDING Discovery Deadline and Deadline to File Dispositive Motions for All Parties, signed by Magistrate Judge Gary S. Austin on 4/15/2020. (New Discovery Deadline: 10/2/2020; New Dispositive Motions Deadline: 12/2/2020). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY L. ROBINSON,

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Plaintiff,

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vs.

1:17-cv-01524-DAD-GSA-PC
ORDER GRANTING DEFENDANTS
PETERSON AND GERMAN’S MOTION
TO MODIFY SCHEDULING ORDER
(ECF No. 63.)

DAVE DAVEY, et al.,

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ORDER EXTENDING DISCOVERY
DEADLINE AND DEADLINE TO FILE
DISPOSITIVE MOTIONS FOR ALL
PARTIES

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New Discovery Deadline:

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New Dispositive Motions Deadline: December 2, 2020

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Defendants.

October 2, 2020

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I.

BACKGROUND

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Anthony L. Robinson (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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

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First Amended Complaint filed on July 2, 2018, against defendant C/O H. German for use of

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excessive force, and against defendants Sgt. A. Peterson and S. Gonzales-Thompson (LVN) for

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providing inadequate medical care, in violation of the Eighth Amendment. (ECF No. 24.)

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On January 2, 2020, the court issued a Discovery and Scheduling Order establishing

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pretrial deadlines for the parties, including a discovery deadline of July 2, 2020, and a dispositive
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motions deadline of September 2, 2020. (ECF No. 61.) On April 14, 2020, defendants Peterson

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and German filed a motion to modify the Scheduling Order. (ECF No. 63.)

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II.

MOTION TO MODIFY SCHEDULING ORDER

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

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

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

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

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

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

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

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

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Defendants Peterson and German request a ninety-day extension of the discovery and

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dispositive motions deadlines in the court’s Discovery and Scheduling order, “due to the ever-

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evolving response to mitigate the COVID-19 crisis – including strictly limited movement of both

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parties and correctional staff within CDCR institutions – which has significantly hampered the

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parties’ ability to conduct discovery.” (ECF No. 63 at 1:24-27 and Declaration of David E.

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Kuchinsky at 4-8.)

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The court finds good cause to extend the discovery and dispositive motions deadlines in

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the court’s Discovery and Scheduling order. Defendants Peterson and German have shown that

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even with the exercise of due diligence they cannot meet the requirements of the order.

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Therefore, the motion to modify the Scheduling Order filed by defendants Peterson and German

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shall be granted.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Defendants Peterson and German’s motion to modify the court’s Scheduling
Order, filed on April 14, 2020, is GRANTED;

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The deadline for the completion of discovery is extended from July 2, 2020 to
October 2, 2020 for all parties to this action;
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3.

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The deadline for filing and serving pretrial dispositive motions is extended from
September 2, 2020 to December 2, 2020 for all parties to this action; and

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All other provisions of the court’s January 2, 2020 Discovery and Scheduling
Order remain the same.

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IT IS SO ORDERED.
Dated:

April 15, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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