(PC) Melendez v. Diaz ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MELENDEZ, ET AL., Case No. 1:20-cv-01393-ADA-CDB 12 Plaintiffs, ORDER ON STIPULATION AMENDING SCHEDULING ORDER AS MODIFIED 13 v. (ECF No. 35) 14 RALPH DIAZ, ET AL., 15 Defendants. 16 17 Plaintiffs initiated this action by filing a complaint on September 28, 2020. (ECF No. 18 1). On July 28, 2022, the Court convened the parties for a scheduling conference and thereafter 19 issued a Scheduling Order. (ECF No. 31). 20 On January 4, 2022, the parties filed a stipulation seeking a 90-day extension of the 21 discovery, motion and trial schedule. (ECF No. 35). The stipulation seeking an extension is the 22 first request by the parties to amend the scheduling order and is timely filed pursuant to Local 23 Rule 144(d). The parties represent in the stipulation that they are in dispute as to whether eight 24 of the twelve plaintiffs exhausted their remedies, and that Defendants anticipate filing a motion 25 for summary judgment based on the lack of exhaustion. (Id. at 2). The parties indicate that the 26 extension is appropriate as the Court’s ruling on the forthcoming motion for summary judgment 27 would greatly reduce the discovery necessary on this case. (Id.) The parties’ representations as to the bases warranting a continuance satisfy the 1 requirements under Fed. R. Civ. P. 16(b)(4) to show good cause and diligence. See Johnson v. 2 Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Nevertheless, the Court implores 3 the parties to diligently continue discovery during the pendency of any exhaustion motion given 4 that the claims of four plaintiffs are not expected to be impacted by a ruling on the motion, and 5 as such, there is no apparent reason why those plaintiffs’ depositions cannot be taken. 6 Accordingly, based on the parties’ representations in the stipulation and for good cause 7 shown, IT IS HEREBY ORDERED that the following dates and deadlines are continued as 8 reflected below: 9 Plaintiffs’ Responses to Written Discovery January 17, 2023 Deadline 10 Plaintiff may serve each of the two 11 Defendants the following written discovery: January 17, 2023 10 Interrogatories, 10 Requests for 12 Admissions, and 5 Requests for Production 13 Fact Deposition Deadline May 4, 2023 14 Expert Disclosure Deadline May 19, 2023 15 Supplemental Expert Disclosure Deadline June 9, 2023 16 Completion of Expert Discovery Deadline July 14, 2023 17 Dispositive/ Exhaustion Motion Deadline June 16, 2023 18 Pre-trial Conference December 4, 2023, 1:30 p.m., Fresno Crt. 8 19 Trial February 6, 2024, 8:30 a.m., Fresno Crt. 8 20 21 Additionally, a mid-discovery status conference is scheduled for April 19, 2023, at 9:30 a.m. 22 before Magistrate Judge Christopher D. Baker. Counsel SHALL file a joint mid-discovery status 23 conference report no later than one week before the conference. Counsel also SHALL lodge the 24 status report via e-mail to CDBorders@caed.uscourts.gov. The joint report SHALL outline the 25 discovery counsel have completed and that which needs to be completed as well as any 26 impediments to completing the discovery within the deadlines set forth in this order. Counsel 27 / / / 1 | SHALL discuss settlement and certify in the joint status report (1) that they have met/conferred 2 | regarding settlement, and (2) proposed dates for convening a settlement conference with 3 | Magistrate Judge Baker (or an unassigned magistrate in the event the parties later consent to 4 | magistrate judge jurisdiction). > | Ir IS SO ORDERED. ° Dated: _ January 12, 2023 | hwrnrD RX 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28