(PC) Molina v. Adams

Filing 25

ORDER GRANTING IN PART 24 Plaintiff's Motion for Extension of Time to Amend Pleadings and to Extend All Other Deadlines, signed by Magistrate Judge Christopher D. Baker on September 26, 2024. Plaintiff SHALL file any amended pleadings no later than January 4, 2025. Plaintiff's request for an extension of time for all other deadlines set forth in the scheduling order is DENIED without prejudice. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA JOHAN MOLINA,

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Plaintiff,

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v.

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ADAMS,

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Case No.: 1:24-cv-00019-CDB (PC)
ORDER GRANTING IN PART PLAINTIFF’S
MOTION FOR EXTENSION OF TIME TO
AMEND PLEADINGS AND TO EXTEND ALL
OTHER DEADLINES
(Doc. 24)

Defendant.

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Plaintiff Joshua Johan Molina is proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.

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I.

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On December 29, 2023, Plaintiff filed his complaint initiating this action. (Doc. 1). The

RELEVANT BACKGROUND

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case was transferred to the Fresno division on February 4, 2024, and assigned to the undersigned.

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(Doc. 4). The action was stayed on July 3, 2024, to facilitate possible early alternative dispute

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resolution. (Doc. 16). On July 8, 2024, the stay was lifted (Doc. 21) and a discovery and

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scheduling order was issued (Doc. 22). Pursuant to the scheduling order, the deadline to amend

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pleadings is October 8, 2024, and the deadline to complete discovery is March 8, 2024

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Pending before the Court are the following motions or requests: (1) Plaintiff’s request for

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an extension of time to file amended pleadings (Doc. 24 at 4), and (2) Plaintiff’s request for an

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extension of time as to all other deadlines as set forth in the scheduling order (id.).

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II.

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Plaintiff seeks an extension of the deadline to amend the pleadings to January 4, 2025. Id.

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Briefly stated, Plaintiff asks for additional time to allow for his receipt of records from Defendant

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in response to a request for production of documents, mailed on September 10, 2024. (Doc. 24 at

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3). Plaintiff provides that the response to the request may provide information needed to properly

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plead his case. Id. Responses are due on or about October 29, 2024. Id.

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DISCUSSION

Plaintiff also seeks an extension of time for all other deadlines as set forth in the
scheduling order. Id. at 4.
The Court will grant Plaintiff’s request for an extension of time to amend the pleadings

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and deny Plaintiff’s request for an extension of time for all other deadlines. Good cause supports

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granting an extension of the deadline to permit Plaintiff to receive and review discovery that may

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inform his decisions regarding amendment. The other deadlines applicable to Plaintiff, namely

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completion of discovery and filing of dispositive motions, fall on March 8, 2025, and May 19,

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2025 (Doc. 22 at 2-3), provide Plaintiff sufficient time even after the extended deadline to amend

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the pleadings; accordingly, no extension of other case management dates is warranted.

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III.

CONCLUSION AND ORDER

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for an extension of time within which to amend the pleadings is

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GRANTED. Plaintiff SHALL file any amended pleadings no later than January 4,

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2025.

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2. Plaintiff’s request for an extension of time for all other deadlines set forth in the

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scheduling order is DENIED without prejudice.
IT IS SO ORDERED.
Dated:

September 26, 2024

___________________

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UNITED STATES MAGISTRATE JUDGE

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