Passer v. Steevers et al

Filing 106

ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/14 ORDERING that Plaintiffs motion for extension of time (ECF No. 105 ) is granted; The June 26, 2014 hearing before the undersigned is vacated; The non-expert discovery deadline is cont inued to August 31, 2014; The expert disclosure deadline is continued to August 31, 2014; The expert deposition deadline is continued to September 15, 2014; and all pretrial motions, except motions to compel discovery, shall be filed on or before September 25, 2014. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY VINCENT PASSER,

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Plaintiff,

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No. 2:08-cv-2792 MCE KJN P

v.

ORDER

DR. STEEVERS, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding through counsel. On May 30, 2014, counsel for all

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parties submitted a stipulation extending the nonexpert discovery deadline and the expert

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disclosure date to June 30, 2014; the expert deposition deadline to July 30, 2014; and the deadline

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for hearing pretrial motions to September 15, 2014.
Also on May 30, 2014, counsel for plaintiff filed a motion to further extend the above

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deadlines, and noticed it for hearing on June 26, 2014. Defendants have not opposed the motion.

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“The district court is given broad discretion in supervising the pretrial phase of litigation.”

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal

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quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good

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cause and with the judge's consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified ‘if

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it cannot reasonably be met despite the diligence of the party seeking the extension.’” Zivkovic

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v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson, 975

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F.2d at 607).

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The court grants plaintiff’s request for additional extensions due to the complex medical

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issues, records and treatment, as well as plaintiff’s counsel’s diligence, and the number of

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depositions required in this matter. (ECF No. 105 at 4-5.) However, counsel for plaintiff is

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cautioned that the court is not inclined to grant further extensions of the scheduling order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extension of time (ECF No. 105) is granted;

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2. The June 26, 2014 hearing before the undersigned is vacated;

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3. The non-expert discovery deadline is continued to August 31, 2014;

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4. The expert disclosure deadline is continued to August 31, 2014;

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5. The expert deposition deadline is continued to September 15, 2014; and

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6. All pretrial motions, except motions to compel discovery, shall be filed on or before

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September 25, 2014. Motions shall be briefed pursuant to Local Rule 230(l).
Dated: June 20, 2014

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/pass2792.eot

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