(PC) Widmark v. CDCR et al

Filing 28

ORDER GRANTING 27 Defendants' Motion for Administrative Relief, signed by Magistrate Judge Helena M. Barch-Kuchta on February 7, 2024. The deadlines for completing discovery (February 12, 2024) and filing of dispositive motions (May 13, 2 024) in this case are vacated until the Court rules on Defendants' Motion to Compel Discovery (Doc. No. 26 ). All other deadlines and procedures set forth in the Court's March 13, 2023 Discovery and Scheduling Order (Doc. No. 23 ), as modified by the Court's November 30, 2023 Order (Doc. No. 25 ) remain in effect. (Rivera, O)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
DAVID JOHN WIDMARK,
12
Plaintiff,
13
v.

Case No. 1:22-cv-00292-HBK (PC)
ORDER GRANTING DEFENDANTS’
MOTION FOR ADMINISTRATIVE
RELIEF

14
(Doc. No. 27)
15
16

A. GOMEZ and M. MURO,
Defendants.

17
18

Pending before the Court is Defendants’ Second Motion to Modify the Discovery and

19

Scheduling Order (“DSO”), filed January 26, 2024. (Doc. No. 27). Defendants seek to vacate the

20

deadlines for completing discovery and filing of dispositive motions until after the Court rules on

21

Defendants’ pending Motion to Compel Discovery (Doc. No. 26). (Id. at 1-2). Defendants assert

22

good cause exists to modify the DSO because Plaintiff has not responded to their discovery

23

requests served in October 2023 and re-served in December 2023, and thus no meaningful

24

discovery has been completed in this case. (Id.). Because Defendants cannot complete discovery

25

or file a dispositive motion until Plaintiff responds to their requests, they argue the Court must

26

vacate those deadlines until it addresses the pending Motion to Compel. (Id. at 4-5).

27

Fed. R. Civ. P. 6(b) provides for extending deadlines for good cause shown, if the request

28

to extend time is made before the original time, or its extension expires; or, on a motion made

[1]

1

after the time has expired, if the party failed to act because of excusable neglect. Additionally,

2

Fed. R. Civ. P. 16(b)(4) permits a court to modify a scheduling order for good cause shown and

3

with the judge’s consent. Here, Defendants filed their motion before the prior extension of time

4

expired and have established good cause to extend the discovery and dispositive motion

5

deadlines.

6

ACCORDINGLY, it is hereby ORDERED:

7

1. Defendants’ Motion for Administrative Relief (Doc. No. 27) is GRANTED.

8

2. The deadlines for completing discovery (February 12, 2024) and filing of dispositive

9

motions (May 13, 2024) in this case are vacated until the Court rules on Defendants’

10

Motion to Compel Discovery (Doc. No. 26).

11

3. All other deadlines and procedures set forth in the Court’s March 13, 2023 Discovery

12

and Scheduling Order (Doc. No. 23), as modified by the Court’s November 30, 2023

13

Order (Doc. No. 25) remain in effect.

14
15
16
17

Dated:

February 7, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28
[2]