(PC)Kirkwood v. Ramirez

Filing 37

ORDER GRANTING 36 Ex Parte Application to Modify Discovery and Scheduling Order, signed by Magistrate Judge Sheila K. Oberto on 08/29/2024. Exhaustion Motion Deadline:12/11/2024. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY KIRKWOOD,

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Plaintiff,
v.
K. RAMIREZ,

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Case No.: 1:23-cv-00314-JLT-SKO (PC)
ORDER GRANTING EX PARTE
APPLICATION TO MODIFY DISCOVERY
AND SCHEDULING ORDER
(Doc. 36)

Defendant.

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Plaintiff Larry Kirkwood is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s Eighth Amendment

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failure to protect claim against Defendant.

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I.

INTRODUCTION

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The Court issued its Discovery and Scheduling Order on June 12, 2024. (Doc. 31.) On

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July 24, 2024, Plaintiff filed a Notice of Change of Address, stating he was no longer incarcerated

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and was residing in Van Nuys, California. (Doc. 35.)

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On August 28, 2024, Defendant filed an Ex Parte Application to Modify Scheduling

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Order. (Doc. 36.)

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II.

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Defendant seeks a 90-day extension of the exhaustion motion deadline, presently set for

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DISCUSSION

September 12, 2024. (Doc. 36.) Defense counsel states the deposition notice sent to Plaintiff at his

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address of record was returned to her office undelivered. (Doc. 36-1 at 2, ¶ 3.) Counsel obtained a

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telephone number for Plaintiff from the Division of Adult Parole Operations and spoke with him

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by phone on or about August 8, 2024. (Id., ¶¶ 3-4.) After Plaintiff provided defense counsel with

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an updated address,1 Plaintiff stated his preference for being deposed closer to his current address.

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(Id., ¶ 4.) The parties also discussed Defendant re-serving written discovery previously

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propounded to Plaintiff. (Id.)

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Defense counsel states Plaintiff had no objection to an extension of the exhaustion motion

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deadline. (Id., ¶ 2.) Defendant asserts Plaintiff’s deposition testimony may relate to the topic of

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exhaustion and an extension of the exhaustion motion filing deadline will permit counsel to take

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Plaintiff’s deposition, obtain a transcript, and determine whether an exhaustion motion should be

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filed in this action. (Doc. 36 at 2.)

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III.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendant’s ex parte application to modify the exhaustion motion deadline (Doc. 36)

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CONCLUSION AND ORDER

is GRANTED; and

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2. The deadline for the filing of an exhaustion motion is extended from September 12,

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2024, to December 11, 2024.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

August 29, 2024

UNITED STATES MAGISTRATE JUDGE

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.

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Counsel advised Plaintiff to update his address with this Court.

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