Spears et al v. El Dorado County Sheriff's Department et al

Filing 76

ORDER signed by Magistrate Judge Allison Claire on 5/10/2022 GRANTING plaintiff's 74 motion to modify the discovery and scheduling order. The parties may conduct discovery until 8/19/2022. All pretrial motions, except motions to compel discovery, shall be filed on or before 11/14/2022. All other directives in the court's 70 discovery and scheduling order issued 12/3/2021 are to remain in full force and effect. (Yin, K)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

BRIAN SPEARS,

11
12
13

No. 2:15-cv-0165 MCE AC P
Plaintiff,

v.

ORDER

BRUCE BENTON, et al.,

14

Defendants.

15
16

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

17

rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

18

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

19

Before this court is plaintiff’s motion to modify the discovery and scheduling order. ECF

20

No. 74. Defendants do not oppose the motion. ECF No. 75. They request, however, that the

21

deadlines for motions to compel and pretrial motions be extended. Id. at 1. Defendants also

22

request that any new deadlines imposed by the court apply to all parties. Id. at 2.

23

Plaintiff has demonstrated good cause for a modification of the scheduling order, and the

24

unopposed motion therefore will be granted. The discovery and pretrial motion deadlines will be

25

modified in a way that takes into consideration plaintiff’s circumstances.

26

Accordingly, IT IS HEREBY ORDERED that:

27

1. Plaintiff’s motion to modify the discovery and scheduling order (ECF No. 74) is

28

GRANTED;
1

1

2. The parties may conduct discovery until August 19, 2022. Any motions necessary to

2

compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ.

3

P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date;

4

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

5

November 14, 2022. Motions shall be briefed in accordance with paragraph 8 of this court’s

6

order issued November 3, 2021,; and

7

4. All other directives in the court’s discovery and scheduling order issued December 3,

8

2021 (ECF No. 70) are to remain in full force and effect.

9

DATED: May 10, 2022

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2