Govea v. Fox et al.

Filing 91

ORDER signed by Magistrate Judge Deborah Barnes on 3/22/2021 GRANTING defendants' 90 motion to modify the discovery and scheduling order. The dispositive motion deadline is continued through 4/12/2021. All other aspects of the court's 4/9/2020 Discovery and Scheduling Order shall remain in effect. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE R. GOVEA,

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No. 2:15-cv-2545 MCE DB P

Plaintiff,
v.

ORDER

ROBERT W. FOX, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff claims defendants failed to provide him with adequate medical

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treatment. Presently before the court is defendant’s Third Motion to Modify the Discovery and

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Scheduling Order. (ECF No. 90.)

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Defendants state that defense counsel was in the process of finalizing a dispositive

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motion. (ECF No. 90 at 2.) However, on March 19, 2021 defense counsel received a call

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notifying her that one of the defendants was “medically-indisposed” and would be unable to

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review documents relevant to defendants’ motion for summary judgement. (Declaration of

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Joanne Chen (ECF No. 90-1 at 2).) Defendants state that this defendant has been in the hospital

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since March 17, 2021 and does not currently have a discharge date. (ECF No. 90 at 2.)

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Defendants state they cannot meet the current deadline because defendant is unable to

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review documents for defendants’ motion for summary judgment. (Id. at 2.) As such defendants

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have requested a twenty-one-day extension in which to file a dispositive motion. (Id. at 3.)
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Defendants state that defense counsel attempted to determine if it was possible to stipulate to an

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extension but were unable to contact plaintiff’s counsel.

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Good Cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to modify the discovery and scheduling order is granted.

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2. The dispositive motion deadline is continued through April 12, 2021. All other aspects

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of the court’s April 9, 2020 Discovery and Scheduling Order (ECF No. 79) shall remain in effect.

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Dated: March 22, 2021

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DB:14
DB:1/Orders/Prisoner/Civil.Rights/gove2545.eot(dispo.mtns)2

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