Bivins v. Ju et al

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/17 GRANTING 34 Defendants' motion. The 12/15/17 pretrial motions deadline is extended to 12/22/17. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH BIVINS,

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No. 2:16-cv-0389 MCE KJN P
Plaintiff,

v.

ORDER

DR. JU,

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Defendant.

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Plaintiff is a state prisoner, proceeding pro se. On December 15, 2017, defendant filed a

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motion to modify the scheduling order to extend the deadline for filing dispositive motions from

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December 15, 2017, to December 22, 2017, due to the unexpected unavailability of a declarant to

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defendant’s motion for summary based on plaintiff’s alleged failure to exhaust administrative

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remedies.

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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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Defendant has demonstrated good cause and diligence to extend the pretrial motions

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deadline. The deadline for filing a motion for summary judgment on the issue of exhaustion of

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administrative remedies is granted. If the motion is denied, the court will issue a revised

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scheduling order to provide for a minimum of sixty days in which to file dispositive motions on

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the merits.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion (ECF No. 34) is granted;

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2. The December 15, 2017 pretrial motions deadline is extended to December 22, 2017;

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and
3. The court will issue a revised scheduling order, if appropriate, following resolution of

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the motion for summary judgment.

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Dated: December 19, 2017

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/howe0792.16b

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