Owens v. Clark et al

Filing 55

ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 GRANTING 52 Motion for Extension of Time. Discovery deadline is extended to 9/15/2017. Pretrial Motions deadline is extended to 12/15/2017. In all other respects, the 2/1/2017 discovery and scheduling order remains in intact. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRICK OWENS,

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No. 2:15-cv-0982 TLN KJN P

Plaintiff,
v.

ORDER

JACKIE CLARK, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On June 2, 2017, plaintiff filed a motion to

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modify the scheduling order to extend the deadline for discovery by sixty days based on defense

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counsel’s statement of unavailability from May 15, 2017, through June 5, 2017. (ECF No. 52 at

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2, 3-4.) Under the discovery and scheduling order, the deadline for discovery was set for June 5,

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2017. However, because defense counsel was not available, plaintiff was unable to complete

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discovery as to defendant Ko. Despite plaintiff’s due diligence, he will be unable to comply with

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the June 5, 2017 deadline.

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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

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

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

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Johnson, 975 F.2d at 607).

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Plaintiff has demonstrated good cause and diligence to extend the discovery deadline.

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Due to the extension of the discovery deadline, the pretrial motions deadline will also be

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extended. Plaintiff is cautioned that he must pursue discovery without further delay as the court

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is not inclined to grant further extensions of these deadlines. Accordingly, IT IS HEREBY

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ORDERED that:

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1. Plaintiff’s motion (ECF No. 52) is granted;

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2. The June 5, 2017 discovery deadline is extended to September 15, 2017;

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3. The September 5, 2017 pretrial motions deadline is extended to December 15, 2017;

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and

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4. In all other respects, the February 1, 2017 discovery and scheduling order remains in

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intact.

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Dated: July 13, 2017

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/cw/owen0982.16b

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