O'Connor v. Perez et al

Filing 91

ORDER signed by Magistrate Judge Deborah Barnes on 7/10/2020 GRANTING in part defendant's 90 motion to modify the Discovery and Scheduling Order. The discovery deadline is extended to 9/28/2020 to allow defendants additional time to conduct a deposition of plaintiff; and any dispositive motions shall be filed on or before 12/21/2020. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GLENN O’CONNOR,

12

No. 2:18-cv-1057 DB P

Plaintiff,

13

v.

14

W. PEREZ, et al.,

15

ORDER

Defendants.

16
Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

17
18

1983. Plaintiff claims defendants violated his Eighth Amendment rights. Presently before the

19

court is defendants’ second motion to modify the Discovery and Scheduling Order. (ECF No.

20

90.)
Defendants request that the court extend the discovery deadline and the dispositive motion

21
22

deadline by ninety days because of the COVID-19 pandemic. Defendants request the extension

23

due to the inability to take plaintiff’s deposition in person or by video. In light of the

24

circumstances, so long as plaintiff remains incarcerated, defendants may also conduct his

25

deposition by telephone. Good cause appearing the court will grant the motion extend the

26

discovery deadline only as to the deposition. Accordingly, the court will extend the deadline for

27

the sole purpose of allowing defendants to depose plaintiff. The extension of time shall apply

28

////
1

1

only to the taking of plaintiff’s deposition and does not provide the parties with an extension of

2

time to conduct other forms of discovery.

3

For the reasons stated above, IT IS HEREBY ORDERED that:

4

1. Defendant’s motion to modify the Discovery and Scheduling Order (ECF No. 90) is

5

granted in part;

6

2. The discovery deadline is extended to September 28, 2020 to allow defendants

7

additional time to conduct a deposition of plaintiff; and

8
9

3. Any dispositive motions shall be filed on or before December 21, 2020.
Dated: July 10, 2020

10
11
12
13
14
15
16
17
18
19
20
DLB:12

21

DLB:1/Orders/Prisoner/Civil.Rights/ocon1057.eot(D)2

22
23
24
25
26
27
28
2