(PC) White-Soto v. Starr

Filing 44

ORDER GRANTING in Defendant's 43 Motion to Modify Discovery and Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 11/20/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YASYN WHITE-SOTO,

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Plaintiff,

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v.
STARR, et al.,

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Case No. 1:19-cv-00457-NONE-BAM (PC)
ORDER GRANTING IN DEFENDANT’S
MOTION TO MODIFY DISCOVERY AND
SCHEDULING ORDER
(ECF No. 43)

Defendants.

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Plaintiff Yasyn White-Soto (“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 against

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Defendant Starr for excessive force in violation of the Eighth Amendment and retaliation in

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violation of the First Amendment.
On January 9, 2020, the Court issued a Discovery and Scheduling Order setting the

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deadline for filing all dispositive motions (other than a motion for summary judgment for failure

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to exhaust) for November 19, 2020. (ECF No. 21.) On June 18, 2020, Defendant filed a motion

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for summary judgment on the ground that Plaintiff failed to exhaust his administrative remedies.

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(ECF No. 33.) The motion is not yet fully briefed.

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On November 19, 2020, Defendant filed the instant motion to modify the Court’s

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discovery and scheduling order to vacate the merits-based dispositive motion deadline. (ECF No.

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43.) The Court finds a response unnecessary and the motion is deemed submitted. Local Rule

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230(l).

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Pursuant to Rule 16(b), a scheduling order “may be modified only for good cause and
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.

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Defendant states that good cause exists to grant the motion because if the Court grants

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Defendant’s pending motion for summary judgment, the case would be dismissed, and it would

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be unnecessary for the parties to file merits-based dispositive motions or oppositions and replies

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to those motions. (ECF No. 43-1.) It would also be unnecessary for the Court to expend its

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resources considering the merits-based dispositive motions. This would potentially save the

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Court’s and parties’ resources. Defendant therefore requests that the remaining deadlines in the

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discovery and scheduling order be vacated, to be re-set as needed after the Court rules on

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Defendant’s exhaustion motion. (Id.)

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Having considered Defendant’s moving papers, the Court finds good cause to modify the

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merits-based dispositive motion deadline in this action. The Court finds it would be an efficient

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use of the resources of the Court and the parties to address any exhaustion issues prior to reaching

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the merits of this action. Finally, the Court finds that the continuance granted here will not result

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in prejudice to Plaintiff, where the exhaustion-based summary judgment motion remains pending

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and is not yet fully briefed.

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Based on the foregoing, Defendant’s motion to modify the scheduling order, (ECF No.

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43), is HEREBY GRANTED. The dispositive motion deadline is VACATED. As necessary and

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appropriate, the Court will reset the deadline following resolution of the pending motion for

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summary judgment.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 20, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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