Smith v. Weiss et al

Filing 47

ORDER GRANTING Defendants' Second 46 Motion to Modify Discovery and Scheduling Order Deadlines, signed by Magistrate Judge Barbara A. McAuliffe on 6/26/2020. (Discovery Deadline Extended to 10/27/2020; Dispositive Motions Deadline Extended to 12/28/2020). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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v.

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Case No. 1:18-cv-00852-NONE-BAM (PC)
ORDER GRANTING DEFENDANTS’
SECOND MOTION TO MODIFY
DISCOVERY AND SCHEDULING ORDER
DEADLINES

WEISS, et al.,
(ECF No. 46)

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Defendants.
Discovery Deadline: October 27, 2020
Dispositive Motion Deadline: December 28,
2020

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Plaintiff Lawrence Christopher Smith (“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 against Defendants Weiss, Hurtado, and Zavaleta1 for the excessive force incident of

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November 15, 2013, in violation of the Eighth Amendment.

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Following Plaintiff’s unsuccessful motion to quash or stay his deposition and Defendants’

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subsequent motion to modify the discovery and scheduling order deadlines due to the COVID-19

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crisis, the current discovery deadline is July 29, 2020, and the current dispositive motion deadline

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is September 29, 2020. (ECF No. 44.)

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Erroneously sued as “Zavleta.”
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Currently before the Court is Defendants’ second motion to modify discovery and

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scheduling order deadlines, filed June 25, 2020. (ECF No. 46.) Defendants state that they are

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still unable to timely schedule Plaintiff’s deposition on prison grounds due to the ongoing

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COVID-19 outbreak. In particular, the California Department of Corrections and Rehabilitation

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has requested that the Office of the Attorney General temporarily refrain from scheduling prison

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depositions, in order to promote the public health goal of maintaining physical distance among

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inmates and staff. Defendants therefore request a further 90-day extension of the discovery and

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dispositive motion deadlines, to October 27, 2020, and December 28, 2020, respectively. (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).
Having considered the request, the Court finds good cause to grant the requested

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extensions of the discovery and dispositive motion deadlines. Fed. R. Civ. P. 16(b)(4).

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Defendants have worked diligently to meet the deadlines set by the Court for taking Plaintiff’s

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deposition and filing dispositive motions, but those deadlines are no longer feasible due to the

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circumstances surrounding the COVID-19 outbreak. The Court finds that Plaintiff will not be

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prejudiced by the extensions granted here.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Defendants’ second motion to modify discovery and scheduling order deadlines, (ECF

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No. 46), is GRANTED;

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2. The Discovery Deadline is extended from July 29, 2020 to October 27, 2020; and

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3. The Dispositive Motion Deadline is extended from September 29, 2020 to December

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28, 2020.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 26, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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