Hunt v. Reyes et al

Filing 62

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/10/12 ORDERING that Defendants 61 motion to modify the scheduling order is GRANTED; Defendants dispositive motion is due on or before February 13, 2012. Plaintiff filed a dispositive motion on December 20, 2011; however, plaintiff may amend or supplement his summary judgment motion on or before February 13, 2012 if he so chooses. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. HUNT,

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Plaintiff,

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vs.

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No. CIV S-08-0181 MCE CKD P

M. REYES, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this action

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pursuant to 42 U.S.C. § 1983. On December 29, 2011, defendants Field and Rios filed a motion

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to extend the dispositive motion deadline by forty-five days, from December 30, 2011 to

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February 13, 2012. (Dkt. No. 61.)

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A schedule may be modified upon a showing of good cause. Fed. R. Civ. P. 16(b).

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Good cause exists when the moving party demonstrates he cannot meet the deadline despite

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exercising due diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.

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1992). Defendants state that defense counsel took plaintiff’s deposition on November 17, 2011

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and received the deposition transcript on December 10, 2011. Defendants further state that, per

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Federal Rule of Civil Procedure 30(e), plaintiff had until January 4, 2012 to make any changes to

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his deposition testimony, and that this testimony is necessary to defendants’ motion for summary
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judgment. Defendants add that defense counsel has been working diligently in completing the

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summary judgment motion, but needs additional time to acquire declarations from his clients.

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Good cause having been shown, IT IS HEREBY ORDERED that:

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1. Defendants’ December 29, 2011 motion to modify the scheduling order (Dkt.

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No. 61) is granted;

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2. Defendants’ dispositive motion is due on or before February 13, 2012.

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3. Plaintiff filed a dispositive motion on December 20, 2011; however, plaintiff

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may amend or supplement his summary judgment motion on or before February 13, 2012 if he so

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chooses.

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Dated: January 10, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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