(PC) McCoy-Gordon v. Hernandez ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 Case No. 2:19-cv-1586 JAM KJN P 12 DeMARREA McCOY-GORDON, ORDER GRANTING APPLICATION TO 13 Plaintiff, MODIFY SCHEDULING ORDER AND STAYING DISCOVERY 14 v. 15 HERNANDEZ, 16 Defendant. 17 18 Plaintiff is a state prisoner, proceeding without counsel. On March 4, 2020, defendant filed 19 an ex parte1 application for continuance and resetting of the discovery deadline and dispositive 20 motion deadline, and also sought a protective order staying discovery due to the pendency of 21 defendant’s motion for summary judgment based on plaintiff’s alleged failure to exhaust 22 administrative remedies before filing this action. 23 //// 24 25 1 Although defendant’s counsel moves ex parte, counsel declares that he spoke with 26 plaintiff by telephone on March 3, 2020, and informed plaintiff that defendant’s counsel would be moving to modify the scheduling order and stay discovery pending a ruling on the dispositive 27 motion. (ECF No. 29 at 5.) In response to counsel’s question about plaintiff’s position on the matter, defendant’s counsel declares that plaintiff “informed [counsel] that [plaintiff] was alright 28 with it and was not opposed to such.” (Id.) 1 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 2 | Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 3 | quotation marks omitted). Good cause appearing, IT IS HEREBY ORDERED that: 4 1. Defendant’s ex parte application (ECF No. 29) is granted; 5 2. Defendant’s motion for protective order (ECF No. 30) is granted; 6 3. Discovery is stayed pending resolution of defendant’s motion for summary judgment; 7 | and 8 4. The May 22, 2020 discovery and August 7, 2020 pretrial motions deadlines are vacated, 9 | and will be reset following resolution of defendant’s motion for summary judgment based on 10 | failure to exhaust administrative remedies. Il | Dated: March 10, 2020 A Abar mscotstoay UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28