Malcolm Stroud v. Pruitt et al

Filing 40

ORDER GRANTING 39 Defendants' Motion to Modify Discovery and Scheduling Order Deadlines signed by Magistrate Judge Barbara A. McAuliffe on 4/29/2020. 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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MALCOLM TANDY LAMON STROUD,

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Plaintiff,

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v.

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PRUITT, et al.,

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Case No. 1:17-cv-01659-NONE-BAM (PC)
ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY DISCOVERY AND
SCHEDULING ORDER DEADLINES
(ECF No. 39)

Defendants.

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Plaintiff Malcolm Tandy Lamon Stroud (“Plaintiff”) is a state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action

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proceeds on Plaintiff’s first amended complaint against Defendant Pruitt for sexual abuse in

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violation of the Eighth Amendment and against Defendants Pruitt and Smith for discrimination in

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violation of the Equal Protection Clause of the Fourteenth Amendment.

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The Court issued a discovery and scheduling order on September 9, 2019, setting the

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deadline for the completion of all discovery for May 9, 2020 and the deadline for filing

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dispositive motions other than a motion for summary judgment for failure to exhaust for July 20,

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2020. (ECF No. 27.)

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On December 9, 2019, Defendants filed a motion for summary judgment for failure to

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exhaust administrative remedies. (ECF No. 29.) The motion is fully briefed and pending before

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the Court. (ECF Nos. 29, 33, 37, 38.)
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Currently before the Court is Defendants’ motion to modify the scheduling order, filed

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April 27, 2020. (ECF No. 39.) Defendants request that the Court extend the current May 9, 2020

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discovery deadline until July 9, 2020, for the limited purpose of allowing Defendants to take

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Plaintiff’s deposition, and extend the dispositive motion deadline from July 20, 2020 until

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September 20, 2020. In the alternative, Defendants request that all further deadlines be stayed

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pending resolution of Defendants’ exhaustion motion for summary judgment. Defendants argue

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that good cause exists for the request because, due to the COVID-19 pandemic, they are unable to

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take Plaintiff’s deposition before the close of discovery. Defendants contend that a deposition is

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needed to determine whether a substantive summary judgment motion is appropriate, and if not

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appropriate or successful, will be needed to defend this case at trial. Alternatively, Defendants

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argue that the Court should stay further deadlines pending resolution of Defendants’ exhaustion

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summary judgment motion, which, if granted, would dispose of Plaintiff’s case. (Id.)

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Plaintiff has not yet had an opportunity to file a response, but the Court finds a response is
unnecessary. The motion is deemed submitted. Local Rule 230(l).

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Having considered the request, the Court finds good cause to grant the request to stay the

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current discovery and dispositive motion deadlines pending resolution of Defendants’ exhaustion

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summary judgment motion. Fed. R. Civ. P. 16(b)(4). Defendants have worked diligently to meet

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the deadlines set by the Court for taking Plaintiff’s deposition, but the current discovery and

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dispositive motion deadlines are no longer feasible due to the circumstances surrounding the

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COVID-19 outbreak. Further, a ruling in favor of Defendants on the pending exhaustion

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summary judgment motion may dispose of this action entirely. The Court finds that Plaintiff will

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not be prejudiced by the extension granted here.

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For the reasons stated above, IT IS HEREBY ORDERED as follows:

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1. Defendants’ motion to modify discovery and scheduling order deadlines, (ECF No.

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43), is GRANTED;

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2. The discovery and dispositive motion deadlines are VACATED; and

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

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of the pending motion for summary judgment for failure to exhaust.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 29, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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