Hammitt v. Butte County Jail et al.

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 10/2/2017 GRANTING 25 , 26 , and 28 with respect to plaintiff's request for an extension of time to file a motion to compel; plaintiff is granted 30 days from the date of this order to f ile a motion to compel; and DENYING plaintiff's motion for extension of time to conduct discovery in order to serve new discovery requests. Within 10 days of the date of this order, defendants shall serve plaintiff with the 2016 Policies and Procedures Manual. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS FRANKLIN HAMMITT,

12
13
14

No. 2: 16-cv-2644 KJN P

Plaintiff,
v.

ORDER

BUTTE COUNTY JAIL, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

18

to 42 U.S.C. § 1983. Pending before the court are plaintiff’s motions for extension of time to

19

conduct discovery filed September 13, 2017, and September 22, 2017. (ECF Nos. 26, 28.)

20

Defendants filed an opposition to plaintiff’s motion filed September 22, 2017. (ECF No. 29.) On

21

September 6, 2017, plaintiff filed a motion for an extension of time, which also appears to seek

22

additional time to conduct discovery. (ECF No. 25.)

23

Legal Standard

24

Once a district court has established a deadline for amended pleadings, and that deadline

25

has passed, Federal Rule of Civil Procedure (“Rule”) 16 applies to modify a scheduling order.

26

Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir. 2000); Johnson v. Mammoth

27

Recreations, Inc., 975 F.2d 604, 607-608 (9th Cir. 1992). A pretrial scheduling order can only be

28

modified “upon a showing of good cause.” Fed. R. Civ. P. 16(b). “Good cause” focuses on the
1

1

diligence of the party seeking an amendment. Johnson, 975 F.2d at 609. The pretrial schedule

2

may be modified “if it cannot reasonably be met despite the diligence of the party seeking the

3

extension.” Id.

4

Discussion

5

Pursuant to the May 18, 2017 scheduling order, discovery closed on September 8, 2017.

6

(ECF No. 20.) All requests for discovery were to be served not later than sixty days prior to that

7

date. (Id.)

8
9

Plaintiff’s September 6, 2017 motion asks for a sixty days extension of time because
plaintiff is having trouble understanding how to proceed in court. (ECF No. 25.) Attached to the

10

motion is a declaration by plaintiff stating that he was recently transferred from county jail to

11

state prison. (Id.) Plaintiff states that he is having difficulty getting to the law library and needs

12

more time to understand the court process. (Id.) On August 22, 2017, plaintiff filed a notice of

13

change of address reflecting his transfer to state prison. (ECF No. 24.)

14

In the motion filed September 13, 2017, plaintiff requests an extension of time to conduct

15

discovery because defendants did not provide him with the requested documents. (ECF No. 26.)

16

Plaintiff again alleges that he does not have adequate law library access. (Id.) In the motion filed

17

September 22, 2017, plaintiff alleges that defense counsel provided him with only one of his

18

requested documents, which was the wrong year. (ECF No. 28.) Plaintiff alleges that he

19

requested “CFMG, Inc. 2016 Operations Manual,” but defense counsel provided him with the

20

2017 manual. (Id.) Plaintiff requests that discovery be extended to November 24, 2017.

21

In the opposition, defendants state that on July 28, 2017, defendants received plaintiff’s

22

request for production of documents. (ECF No. 29-1 at 1.) Plaintiff requested the entire “CFMG

23

Operation Manual for medical and mental health,” but did not specify the year. (Id.) On August

24

28, 2017, defendants responded to plaintiff,

25
26
27
28

No such document exists as set forth in the request. Responding
parties assume that plaintiff seeks the Policies and Procedures
Manual for the entity providing medical services in the Butte
County Jail: Correctional Medical Group Companies, Inc. A full
and complete copy of that Policy and Procedures Manual is
produced herewith.
2

1

(ECF No. 29-2 at 3-4.)
In the opposition, defendants state that while plaintiff did not request the 2016 Policies

2
3

and Procedures Manual, defendants have no objection to responding to such a request.
The undersigned finds that plaintiff has not shown good cause to reopen discovery so that

4
5

he may serve defendants with new discovery requests. However, because plaintiff was

6

transferred to state prison shortly before the discovery deadline ran, he has shown good cause for

7

an extension of time to file a motion to compel. Accordingly, plaintiff is granted thirty days from

8

the date of this order to file a motion to compel.
Defendants are also directed to serve plaintiff with the 2016 Policies and Procedures

9
10

Manual within ten days of the date of this order. Plaintiff’s receipt of this document may obviate

11

the need for a motion to compel.

12

Accordingly, IT IS HEREBY ORDERED that:

13

1. Plaintiff’s motions for extensions of time to conduct discovery (ECF Nos. 25, 26, 28)

14

are granted with respect to plaintiff’s request for an extension of time to file a motion to compel;

15

plaintiff is granted thirty days from the date of this order to file a motion to compel; plaintiff’s

16

motion for an extension of time to conduct discovery in order to serve new discovery requests is

17

denied;

18

2. Within ten days of the date of this order, defendants shall serve plaintiff with the 2016

19

Policies and Procedures Manual.

20

Dated: October 2, 2017

21
22

Hamm2644.ord

23
24
25
26
27
28
3