(PC) Mwasi v. Lucken et al

Filing 54

ORDER GRANTING Defendant's Motion to modify Discovery and Scheduling Order 53 signed by Magistrate Judge Barbara A. McAuliffe on 3/27/2024. Discovery due by 6/17/2024. Dispositive Motions filed by 8/26/2024. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KING MWASI,

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Plaintiff,

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v.

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LUCKEN, et al.,

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Case No. 1:21-cv-00702-JLT-BAM (PC)

(ECF No. 53)
Defendants.

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ORDER GRANTING DEFENDANTS’ MOTION
TO MODIFY DISCOVERY AND SCHEDULING
ORDER

Discovery Deadline: June 17, 2024
Dispositive Motion Deadline: August 26, 2024

Plaintiff King Mwasi (“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 first amended complaint against Defendants Lucken, Sepeda, and Blanco for excessive

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force in violation of the Eighth Amendment.

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Pursuant to the Court’s January 19, 2023 discovery and scheduling order and October 10,

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2023 order granting Plaintiff’s second unopposed motion to modify the discovery and scheduling

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order, the deadline for completion of discovery is April 16, 2024, and the deadline for filing all

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dispositive motions (other than a motion or summary judgment for failure to exhaust) is June 27,

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2024. (ECF Nos. 41, 50.)

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Currently before the Court is Defendants’ motion to modify discovery and scheduling

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order, filed March 26, 2024. (ECF No. 53.) Defendants state that good cause exists for the

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request because new defense counsel has just substituted in as counsel of record on March 18,

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2024 and needs time to become familiar with the case file, including Plaintiff’s voluminous
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central file and medical records, and to conduct discovery, and Defendants have had difficulty

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scheduling Plaintiff’s deposition due to logistical constraints outside of Defendants’ control. Due

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to Plaintiff’s hearing and speech issues that require accommodation, Defendants anticipate

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needing to conduct Plaintiff’s deposition in person at San Quentin State Prison, with a court

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reporter who is willing to appear in person with the necessary gate clearance, and who can offer

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real-time transcription services to accommodate Plaintiff’s hearing and speech issues. Locating a

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willing and cleared court reporter with these services, as well as coordinating available dates with

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San Quentin’s litigation coordinator, has been difficult. Defendants have noticed and continued

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Plaintiff’s deposition at least three times. While the discovery and dispositive motions deadlines

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have been extended twice at Plaintiff’s request, this is Defendants’ first request for an extension

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of these deadlines. Defendants request that the discovery deadline be extended from April 16,

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2024 to June 15, 2024 and the dispositive motion deadline be extended from June 27, 2024 to

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August 26, 2024. (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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modification of the discovery and scheduling order. Fed. R. Civ. P. 16(b)(4). Defendants are

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unable to meet the current deadline for taking Plaintiff’s deposition due to the logistical issues

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required to accommodate Plaintiff’s hearing and speech issues. It appears Defendants were

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diligent in attempting to take Plaintiff’s deposition before the discovery deadline, and the Court

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finds that Plaintiff will not be prejudiced by the extension granted here. As the proposed deadline

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of June 15, 2024 falls on a Saturday, the Court further finds it appropriate to extend the discovery

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deadline to June 17, 2024.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to modify the scheduling order, (ECF No. 53), is GRANTED, as

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follows:
a. The deadline for completion of all discovery, including filing all motions to
compel discovery, is extended from April 16, 2024 to June 17, 2024;
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b. The deadline for filing all dispositive motions (other than a motion for

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summary judgment for failure to exhaust) is extended from June 27, 2024 to

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August 26, 2024;

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2. All other requirements set forth in the Court’s January 19, 2023 discovery and

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scheduling order, (ECF No. 41), remain in place; and
3. A request for an extension of a deadline set in this order must be filed on or

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before the expiration of the deadline in question and will only be granted on a

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showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 27, 2024

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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