(PC) Uriel Garcia v. Powell

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 URIEL GARCIA, Case No.: 1:19-cv-01631-KES-CDB (PC) 12 Plaintiff, ORDER GRANTING DEFENDANTS’ SECOND REQUEST TO MODIFY THE 13 v. DISCOVERY AND SCHEDULING ORDER

14 POWELL, et al., (Doc. 56) 15 Defendants. 16 17 Plaintiff Uriel Garcia is proceeding pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Powell, Hurtado, and 19 Ugwueze1 for deliberate indifference to serious medical needs in violations of the Eighth 20 Amendment. 21 I. INTRODUCTION 22 The Court issued its Discovery and Scheduling Order on September 11, 2023. (Doc. 48.) 23 On July 9, 2024, Defendants filed their first request to modify the scheduling order to 24 allow for the completion of Plaintiff’s deposition and to extend the time for filing a dispositive 25 motion. (Doc. 54.) The Court granted the request and extended the deadline to complete limited 26 discovery to August 5, 2024, and the deadline for filing a dispositive motion to October 18, 2024. 27 (Doc. 55.) 1 On October 15, 2024, Defendants filed a second request to modify the Discovery and 2 | Scheduling Order, seeking to extend the deadline for the filing of a dispositive motion. (Doc. 56.) 3 I. DISCUSSION 4 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a scheduling order “may 5 || be modified only for good cause and with the judge's consent.” Fed. R. Civ. P. 16(b)(4). This 6 | good cause standard “primarily considers the diligence of the party seeking the amendment.” 7 | Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). The court may modify 8 | the scheduling order “if it cannot reasonably be met despite the diligence of the party seeking the 9 | extension.” Jd. If the party was not diligent, the inquiry should end. 7d. 10 Here, Defendants seek to extend the deadline for the filing of a dispositive motion, to and 11 } including November 18, 2024. (Doc. 56.) Briefly stated, defense counsel requires additional time 12 | within which to gather additional evidence in support of a merits-based dispositive motion. (/d. at 13 || 4.) Defense counsel has been unable to complete work on the motion in this action given 14 | significant trial preparation, a nearly two-week jury trial, and post-trial motion obligations in an 15 | action pending in the Northern District. Ud. at 4-5, 4] 5.) Additionally, defense counsel is 16 || preparing a dispositive motion, with an October deadline, in another matter pending before the 17 | Northern District. Ud., at 5, | 6.) The additional time will allow defense counsel to obtain 18 | necessary declarations and draft the motion. (/d., {] 7.) Counsel declares this request is not made 19 | for the purpose of harassment, undue delay, or for any other improper reason. (/d., §] 9.) 20 I. CONCLUSION AND ORDER 21 Accordingly, and for good cause shown, IT IS HEREBY ORDERED that: 22 1. Defendants’ request to modify the scheduling order (Doc. 56) is GRANTED; and 23 2. The Discovery and Scheduling Order is MODIFIED to extend the deadline for the 24 filing of a dispositive motion from October 18, 2024, to November 18, 2024. 25 | IT IS SOORDERED. 26 Dated: _ October 16, 2024 | Ww Vv KD 7 UNITED STATES MAGISTRATE JUDGE 28