(PC) Adams v. Dahl ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL ADAMS, Case No. 1:20-cv-00852-JLT-CDB (PC) 12 Plaintiff, ORDER GRANTING DEFENDANTS’ MOTION TO MODIFY DISCOVERY AND 13 v. SCHEDULING ORDER 14 DAHL, et al., (Docs. 53, 55) 15 Defendants. AUGUST 7, 2023, DEADLINE 16 17 18 Plaintiff Paul Adams is a state prisoner proceeding pro se and in forma pauperis in this 19 civil rights action filed under 42 U.S.C. § 1983. This action proceeds on First and Eighth 20 Amendment claims raised against Defendants Dahl, Rios, and Kendrick in Plaintiff’s first 21 amended complaint. (See Docs. 7, 10, 11.) 22 On February 23, 2023, the Court entered a discovery and scheduling order setting the 23 exhaustion motion deadline for June 23, 2023. (Doc. 53.) Defendants have filed a motion to 24 modify the scheduling order and extending the time for filing an exhaustion motion by 45 days, 25 or August 7, 2023. (Doc. 55). 26 Pursuant to Rule 16(b)(3)(A) of the Federal Rules of Civil Procedure, district courts must 27 enter scheduling orders to establish deadlines for joinder of parties, amending the pleadings, discovery, and filing of motions. Fed. R. Civ. P. 16(b)(3)(A). Scheduling orders are intended to 1 alleviate case management problems. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 610 2 | (9th Cir. 1992). Parties must “diligently attempt to adhere to that schedule throughout the 3 | subsequent course of the litigation.” Jackson v. Laureate, Inc., 186 F.R.D. 605, 607 (E.D. Cal. 4 | 1999). If that party was not diligent, the inquiry should end. /d. at 609. The scheduling order 5 | “controls the course of the action unless the court modifies it.” Fed. R. Civ. P. 16(d). “A 6 || schedule may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 7 | 16(b)(4). Under Rule 16(b)’s “good cause” standard, the inquiry focuses on the moving party’s 8 | diligence and the reasons for seeking modification. Johnson, 975 F.2d at 609. 9 As grounds for the extension, defense counsel advises she was only recently assigned to 10 | the matter and has worked diligently to review the case, conduct research, and consider possible 11 | defenses. Counsel requests additional time to review the case file and confer with Defendants 12 | about the appropriateness of seeking summary judgment for failure to exhaust administrative 13 | remedies. Plaintiff will not be prejudiced by the requested modification. 14 For good cause shown, it is hereby ORDERED that Defendants’ motion to modify the 15 | discovery and scheduling order, (Doc. 55), is GRANTED. The deadline for filing a motion for 16 || summary judgment based on non-exhaustion of remedies is extended to August 7, 2023. 17 | IT IS SO ORDERED. Dated: _ June 23, 2023 | Wr bo 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28