Price v. Morgan et al

Filing 28

ORDER granting 23 Motion for Extension of Time. The discovery deadline shall be extended to 11/25/2013. The dispositive motions deadline shall be extended to 1/24/2014. Consideration of Defendant's motion for summary judgment 21 shall be STAYED pending completion of discovery. The Clerk shall strike the existing noting date and Defendants' may re-note their motion after 1/24/14. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CLAUDE ALLEN PRICE, JR.,
No. C13-5028 RJB/KLS

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Plaintiff,
v.

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SHARON MORGAN, CLIFFORD
JOHNSON, FRANK LONGANO, FRED
NAVARRO, E. LARSEN,

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ORDER GRANTING EXTENSION OF
DISCOVERY DEADLINE AND
STAYING DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT

Defendants.

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Before the Court is Plaintiff’s motion for extension of time to respond to Defendants’

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motion for summary judgment. ECF No. 23. Plaintiff seeks an extension until January 1, 2014
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to allow for the completion of discovery. Id. Defendants’ motion for summary judgment was

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filed on July 23, 2013 and noted for August 16, 2013. ECF No. 21. Plaintiff filed a brief and

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affidavit in opposition, but objected to the motion because discovery has not yet been completed.

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ECF Nos. 24 and 25. The discovery deadline is September 27, 2013. ECF No. 15.

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DISCUSSION
Plaintiff filed his complaint in this action in January 2013. ECF No. 5. Defendants filed

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their answer on March 18, 2013. ECF No. 14. On April 21, 2013, Plaintiff served Defendants

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with a request for production of documents. Defendants provided their response on July 10,

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2013. ECF No. 23. Eleven days later, Defendants filed their motion for summary judgment.

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ECF No. 21. Pursuant to the Court’s Pretrial Scheduling Order, the discovery deadline does not

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expire until September 27, 2013. ECF No. 15. In his sworn motion, Plaintiff states that there are
ORDER - 1

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documents missing from the discovery he received from Defendants and that he requires time to

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address this issue with Defendants’ counsel. He also states that he wishes to send

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interrogatories, requests for admission, and obtain additional affidavits from other inmates. ECF

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No. 23.

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Under Rule 56(d), if a nonmovant shows by affidavit or declaration that, for specified
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reasons, it cannot present facts essential to justify its opposition, the court may defer considering

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the motion or deny it, allow time to obtain affidavits or declarations or to take discovery, or issue

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any other appropriate order. A motion for continuance under Rule 56(d) (formerly 56(f)) must

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show how additional discovery would preclude summary judgment and why the party cannot

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immediately provide “specific facts” demonstrating a genuine issue of material fact.’” United

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States v. One 1985 Mercedes, 917 F.2d 415, 418 (9th Cir.1990) (quoting Mackey v. Pioneer Nat'l

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Bank, 867 F.2d 520, 524 (9th Cir.1989)).
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The primary purpose of the rule is to ensure that parties have a reasonable opportunity to

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prepare their case and to ensure against a premature grant of summary judgment. Price v.

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General Motors Corp., 931 F.2d 162, 164 (1st Cir.1991) (citing to 10A WRIGHT, MILLER &

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KANE, FEDERAL PRACTICE & PROCEDURE § 2740 (1983)) (citing to former Rule 56(f).

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Based on the foregoing, the Court will defer consideration of the Defendants’ motion for
summary judgment (ECF No. 21) until the completion of discovery. In addition, the Court finds

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that a short extension of the existing discovery deadline is warranted and will not prejudice the
parties.

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Accordingly, it is ORDERED:

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(1)

The discovery deadline shall be extended to November 25, 2013.

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(2)

The dispositive motions deadline shall be extended to January 24, 2014.
Consideration of Defendants’ motion for summary judgment (ECF No. 21) shall

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be STAYED pending completion of discovery. The Clerk shall strike the
existing noting date and Defendants may re-note their motion after January 24,
2014.

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(3)

The Clerk shall send a copy of this Order to Plaintiff and counsel for Defendants.

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DATED this 20th day of August, 2013.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 3