Ramirez v. Fleming, et al.

Filing 56

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/15/2016 DENYING plaintiff's 55 motion to reopen discovery. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL ENRIQUE RAMIREZ, 12 Plaintiff, 13 14 No. 2:14-cv-1937 KJM CKD P v. ORDER B. FLEMING, et al., 15 Defendants. 16 17 Plaintiff has filed a motion asking that discovery be reopened. Discovery closed on June 18 9, 2016. Under Federal Rule of Civil Procedure 6(b)(1)(B), the court may, for good cause, extend 19 a deadline after it has passed if the party seeking an extension demonstrates that they failed to act 20 21 22 before expiration of the deadline because of excusable neglect. Plaintiff fails to show his delay in seeking an extension of the discovery deadline is due to excusable neglect. The initial scheduling order in this case set March 11, 2016 as the discovery cutoff date. ECF No. 45. Thereafter the plaintiff requested a ninety day extension of time to complete 23 discovery, and the discovery cutoff was extended until June 9, 2016. ECF Nos. 47 and 49. 24 Plaintiff complains that the defendants failed to respond to his discovery requests, but he failed to 25 raise that issue until after the discovery cutoff date. ECF Nos. 51 and 52. Plaintiff’s explanation 26 that he failed to act because he was busy litigating his other case does not constitute good cause 27 for reopening discovery in this case. ///// 28 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to reopen discovery 2 (ECF No. 55) is denied. 3 Dated: September 15, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 1 rami1937.exd 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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