Coston v. Nangalama et al

Filing 50

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/11/2012 ORDERING that plaintiff's 45 motion to amend is DENIED; defendants' 49 motion to modify the scheduling order is GRANTED, and defendants may file a dispositive mtoion within 30 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY MURPHY COSTON,
Plaintiff,

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vs.
ANDREW NANGALAMA, et al.,
Defendants.

ORDER
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No. CIV S-10-2009 EFB P

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This action proceeds on plaintiff’s Eighth Amendment claims against defendants

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Hale, Nangalama, Bercholdt, Brimhall, Duc, and Bal, based on their alleged acts and/or

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omissions as to plaintiff’s alleged need for pain medication. Dckt. Nos. 1, 10. The discovery

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and scheduling order set January 6, 2012 as the deadline for filing any motion to amend, and

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March 30, 2012, as the deadline for filing dispositive motions. Dckt. No. 44. On December 9,

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2011, plaintiff timely filed a motion to amend his complaint. Dckt. No. 45. Defendants did not

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respond to plaintiff’s motion. They did, however, request modification of the dispositive motion

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deadline in light of plaintiff’s pending motion to amend. Dckt. No. 49. For the reasons stated

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below, plaintiff’s motion to amend is denied and defendants’ motion to modify the dispositive

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motion deadline is granted.
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In deciding whether to grant leave to amend, the court considers following factors: the

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presence or absence of undue delay, bad faith, dilatory motive, repeated failure to cure

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deficiencies by previous amendments, undue prejudice to the opposing party and futility of the

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proposed amendment. Foman v. Davis, 371 U.S. 178, 182 (1962); DCD Programs, Ltd. v.

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Leighton, 833 F.2d 183, 186 (9th Cir.1987). Plaintiff must also satisfy the procedural

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requirements of the Local Rules of this court, which provide that:

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Unless prior approval to the contrary is obtained from the Court, every pleading
to which an amendment or supplement is permitted as a matter of right or has
been allowed by Court order shall be retyped and filed so that it is complete in
itself without reference to the prior or superseded pleading.

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E.D. Cal., Local Rule 220.
Plaintiff does not submit a proposed amended complaint or describe his proposed

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amendments in any way. Nor does plaintiff’s motion address any of the factors relevant to

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whether leave to amend should be granted. Although defendants did not oppose plaintiff’s

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motion, the motion must be denied without prejudice because plaintiff has failed to satisfy the

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procedural and substantive requirements of a motion to amend. Plaintiff is hereby cautioned that

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any subsequent motion to amend must be accompanied by a motion showing good cause for

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modification of the deadline for filing motions to amend, which has now passed. See September

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15, 2011 Discovery and Scheduling Order, Dckt. No. 44.

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Defendants request that the deadline for filing dispositive motions set forth in the

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scheduling order be modified. A scheduling order may be modified upon a showing of good

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cause. Fed. R. Civ. P. 16(b). Good cause exists when the moving party demonstrates he cannot

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meet the deadline despite exercising due diligence. Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 609 (9th Cir. 1992). Here, good cause exists given that the court’s ruling on plaintiff’s

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motion to amend could have changed the nature of the claims and/or defendants in this action,

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which would necessarily affect the substance of any dispositive motion filed by defendants.

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Defendants’ request is therefore granted.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend (Dckt. No. 45) is denied;

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2. Defendants’ motion to modify the scheduling order (Dckt. No. 49) is granted, and

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defendants may file a dispositive motion within 30 days of the date of this order.

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Dated: April 11, 2012.

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