(PC) Jones v. Arnette ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY JONES, 1:16-cv-01212-DAD-GSA-PC 12 Plaintiff, ORDER GRANTING DEFENDANTS ARNETT, FLORES, GONZALES, AND KEENER’S 13 vs. MOTION TO MODIFY SCHEDULING ORDER 14 ARNETTE, et al., (ECF No. 88.) 15 Defendants. ORDER EXTENDING DISCOVERY DEADLINE AND DEADLINE TO FILE 16 DISPOSITIVE MOTIONS FOR ALL PARTIES 17 New Discovery Deadline: August 5, 2021 18 New Dispositive Motions Deadline: October 5, 2021 19 20 I. BACKGROUND 21 Jeremy Jones (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 22 with this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act 23 (ADA), 42 U.S.C. § 12132. This case now proceeds with Plaintiff’s Second Amended Complaint 24 filed on September 10, 2018, on (1) Plaintiff’s ADA claims against defendants Vasquez, Keener, 25 Gonzales, Flores, Arnett,1 Zamora, and Lopez, in their official capacities; (2) Plaintiff’s Eighth 26 Amendment conditions of confinement claims against defendants Vasquez, Keener, and 27 28 1 Sued as Arnette. 1 Gonzales; and (3) Plaintiff’s due process claims against defendants Vasquez, Keener, and 2 Gonzales. (ECF No. 33.) 3 On November 6, 2020, the court issued a Discovery and Scheduling Order establishing 4 pretrial deadlines for the parties. (ECF No. 59.) The current discovery deadline is June 5, 2021, 5 and the deadline for filing dispositive motions is August 5, 2021. (ECF No. 77.) On June 3, 6 2021, defendants Arnett, Flores, Gonzales, and Keener (“Defendants”) filed a motion to modify 7 the Scheduling Order. (ECF No. 88.) 8 II. MOTION TO MODIFY SCHEDULING ORDER 9 Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P. 10 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations, 11 Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the 12 modification of a scheduling order must generally show that even with the exercise of due 13 diligence, they cannot meet the requirement of the order. Id. The court may also consider the 14 prejudice to the party opposing the modification. Id. If the party seeking to amend the scheduling 15 order fails to show due diligence the inquiry should end and the court should not grant the motion 16 to modify. Zivkovic v. Southern California Edison, Co., 302 F.3d 1080, 1087 (9th Cir. 2002). 17 Defendants request a sixty-day extension of the current discovery and dispositive motions 18 deadlines, due to the fact that Plaintiff’s Second Amended Complaint names seven defendants 19 but only four of them have been served and answered the complaint. Defendants also request 20 additional time to take Plaintiff’s deposition. On June 2, 2021, Defendants’ counsel attempted 21 to obtain a stipulation from Plaintiff by phone regarding this request to extend the discovery 22 deadline in order to take Plaintiff’s deposition, but Plaintiff did not agree to the stipulation. (Decl. 23 of Janet Chen, ECF No. 88 at 8 ¶ 6.) 24 The court finds good cause to extend the discovery and dispositive motions deadlines in 25 this case. Defendants have shown that even with the exercise of due diligence, they cannot meet 26 the requirements of the order issued on April 9, 2021, which established the current deadlines. 27 Therefore, the motion to modify the Discovery and Scheduling Order filed by defendants Arnett, 28 Flores, Gonzales, and Keener shall be granted. 1 III. CONCLUSION 2 Based on the foregoing, IT IS HEREBY ORDERED that: 3 1. Defendants Arnett, Flores, Gonzales, and Keener’s motion to modify the court’s 4 Discovery and Scheduling Order, filed on June 3, 2021, is GRANTED; 5 2. The deadline for the completion of discovery is extended from June 5, 2021 to 6 August 5, 2021 for all parties to this action; 7 3. The deadline for filing and serving pretrial dispositive motions is extended from 8 August 5, 2021 to October 5, 2021 for all parties to this action; and 9 4. All other provisions of the court’s November 6, 2020 Discovery and Scheduling 10 Order remain the same. 11 IT IS SO ORDERED. 12 13 Dated: July 1, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28