(PC) Wilkins v. Barber et al

Filing 190

ORDER signed by Magistrate Judge Kendall J. Newman on 9/7/2021 PARTIALLY GRANTING 187 Motion for Reconsideration; AFFIRMING 182 Order, but the deadline for filing pretrial motions is advanced to 9/25/2021; ORDERING Clerk to send Plaintiff copy of 179 Opposition; and GRANTING Plaintiff 14 days from the date of this order in which to file a reply. (Henshaw, R) Modified on 9/7/2021 (Henshaw, R).

Case 2:19-cv-01338-WBS-KJN Document 190 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEENAN WILKINS, aka
NERRAHBROWN,
Plaintiff,
v.
DR. CHRISTINE S. BARBER, et al.,

No. 2:19-cv-1338 WBS KJN P

ORDER AMENDING AUGUST 24, 2021
ORDER AND REVISED SCHEDULING
ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On August 30, 2021, plaintiff filed

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objections, and on September 1, 2021, filed a request for reconsideration of the undersigned’s

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August 24, 2021 order granting defendants additional time to file dispositive motions. (ECF No.

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185.) Plaintiff objects that he was not permitted an opportunity to oppose the request, and argues

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no good cause supports the request because the dispositive motion deadline was extended twice

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without request by any party. Plaintiff argues that defendants failed to use such extra time to

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prepare their dispositive motion, and no additional time should be granted.

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While plaintiff is correct that the dispositive motions deadline was sua sponte extended on

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two prior occasions, such extensions were necessitated by plaintiff’s requests for the extension of

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the discovery deadline. Indeed, discovery motions were still pending at the time defendants

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Case 2:19-cv-01338-WBS-KJN Document 190 Filed 09/07/21 Page 2 of 2
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sought their first extension of the dispositive motions deadline. Ideally, all discovery motions

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should be resolved prior to the filing of a dispositive motion. By separate order, the undersigned

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addressed the motions to compel. (ECF No. 189.) Therefore, the court will vacate the longer

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extension granted defendants due to the previously pending discovery motions, but affirms its

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finding that the defendants demonstrated good cause for the requested extension. The court

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affirms the order granting defendants’ motion to modify the dispositive motions deadline because

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the court finds good cause for such first extension, but amends defendants’ deadline to September

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25, 2021, as initially requested by counsel for defendants.

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On August 30, 2021, plaintiff filed a notice claiming that defendant Barber failed to file an

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opposition to plaintiff’s motion for summary judgment. He received an opposition filed by the

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remaining defendants, but did not receive an opposition by defendant Barber. However, the

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record confirms that defendant Barber filed an opposition which was served on plaintiff at his

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address of record. (ECF No. 179-1.) Nevertheless, because plaintiff apparently did not receive

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such opposition, the Clerk is directed to send plaintiff a copy of the opposition, and plaintiff is

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granted fourteen days from the date of this order in which to file his reply.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration (ECF No. 187) is partially granted.

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2. The August 24, 2021 order granting defendants’ request for extension of time (ECF

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No. 181) is affirmed, but the deadline for filing pretrial motions is advanced to September 25,

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2021. In all other respects, the September 29, 2020 discovery and scheduling order remains in

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effect.

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3. The Clerk of the Court is directed to send plaintiff a copy of defendant Barber’s
opposition (ECF No. 179).
4. Plaintiff is granted fourteen days from the date of this order in which to file a reply.
Dated: September 7, 2021

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/wilk1338.850

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