(PC) Wilson v. Meritt, et al.

Filing 86

ORDER GRANTING IN PART 83 Defendants' Ex Parte Application to Modify the Discovery and Scheduling Order, signed by Magistrate Judge Christopher D. Baker on March 10, 2025. The deadline for filing an exhaustion motion is EXTENDED from March 5, 2025, to May 5, 2025, nunc pro tunc. The previous deadlines for the completion of discovery (7/5/2025) and for the filing of a summary judgment motion addressing the merits of Plaintiff's claims (9/15/2025) are VACATED . Those deadlines will be reset, if necessary, following determination of Defendants' anticipated exhaustion motion by the assigned district judge. The Court will address Plaintiff's "Second Amended Complaint" (Doc. 81 ) lodged February 3, 2025, and Defendants' Request for Screening (Doc. 83 ) filed February 18, 2025, separately and in due course. (Deputy Clerk OFR)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID WAYNE WILSON,

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Plaintiff,

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v.
LURA MERRITT, et al.,

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Case No.: 1:22-cv-00455-JLT-CDB (PC)
ORDER GRANTING IN PART
DEFENDANTS’ EX PARTE
APPLICATION TO MODIFY THE
DISCOVERY AND SCHEDULING ORDER
(Doc. 83)

Defendants.

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Plaintiff David Wayne Wilson is proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s constitutional

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claims against Defendants Correa, Carlson, and Merritt.

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I.

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The Court issued its Discovery and Scheduling Order on November 5, 2024. (Doc. 75.)

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On March 4, 2025, Defendants filed an Ex Parte Application to Modify the Discovery and

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INTRODUCTION

Scheduling Order. (Doc. 83.) The Court deems any response by Plaintiff unnecessary.

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II.

DISCUSSION

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Defendants ask the Court to modify the remaining deadlines provided for in its Discovery

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and Scheduling Order. (Doc. 83 at 3.) Specifically, defense counsel declares that due to the “press

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of business,” he has been unable to fully investigate, prepare and file a potential exhaustion

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motion by the current deadline of March 5, 2025. (Id., ¶ 2.) Counsel provides detailed information

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regarding his assignments and obligations in approximately six other California district court

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actions, and one state court wrongful death action, since the Court issued its Discovery and

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Scheduling Order in this case. (Id., ¶ 3 [detailing multiple assignments and related filings].)

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Further, counsel states he was on a pre-planned leave of absence from December 27, 2024, to

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January 12, 2025. (Id.) Next, defense counsel declares that in the next 60 days he will prepare and

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serve further discovery, prepare a settlement evaluation, attend a hearing on a responsive

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pleading, prepare another responsive pleading, prepare oppositions to motions filed by plaintiffs,

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and prepare a dispositive motion, in those same actions. (Id.) Moreover, counsel declares he has

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identified 19 potentially relevant healthcare grievances, each multiple pages in length, that will

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require significant time for evaluation and preparation of an exhaustion motion in this action. (Id.)

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Defense counsel further notes that “if additional CDCR employees are joined as defendants in

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this action,” he anticipates his office will represent them. (Id., ¶ 3.)1 Given the procedural posture

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of this action and counsel’s competing obligations, counsel declares that extending the requested

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exhaustion motion deadline will allow the Court to determine that motion before reaching the

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merits. (Id., ¶ 4.) Defense counsel requests that the Court also extend the discovery cut-off

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deadline to September 3, 2025, and the deadline for filing a dispositive motion to November 14,

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2025. (Id.) Counsel declares the application was filed ex parte because it is difficult to coordinate

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a stipulation due to Plaintiff’s incarceration and pro se status; he does not believe Plaintiff would

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be prejudiced by the request. (Id. ¶ 5.) Finally, Defendants have not sought a previous

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modification of the scheduling order. (Id., ¶ 6.)

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The Court will extend the deadline for filing an exhaustion motion from March 5, 2025, to

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May 5, 2025. It will vacate the deadlines for the completion of discovery and for the filing of a

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dispositive motion addressing the merits of Plaintiff’s claims. Those deadlines will be reset

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following determination of Defendants’ anticipated motion for summary judgment regarding

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exhaustion, if necessary.

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Following the filing of the instant ex parte application, District Judge Jennifer L. Thurston issued her Order
Adopting Findings and Recommendations and Denying Plaintiff’s Motion for Joinder and Preliminary Injunction on
March 6, 2025. As a result, no further defendants will be required to appear in this action.

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III.

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For good cause shown, IT IS HEREBY ORDERED that:

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1. Defendants’ ex parte application to modify the scheduling order (Doc. 83) is

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CONCLUSION AND ORDER

GRANTED IN PART as follows:

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a.

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The deadline for filing an exhaustion motion is EXTENDED from March 5,
2025, to May 5, 2025, nunc pro tunc;

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b. The previous deadlines for the completion of discovery (7/5/2025) and for the

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filing of a summary judgment motion addressing the merits of Plaintiff’s

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claims (9/15/2025) are VACATED. Those deadlines will be reset, if

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necessary, following determination of Defendants’ anticipated exhaustion

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motion by the assigned district judge; and

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2. The Court will address Plaintiff’s “Second Amended Complaint” (Doc. 81) lodged

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February 3, 2025, and Defendants’ Request for Screening (Doc. 83) filed February 18,

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2025, separately and in due course.

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IT IS SO ORDERED.
Dated:

March 10, 2025

___________________

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UNITED STATES MAGISTRATE JUDGE

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