(PC) Fratus v. Uchi ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN FRATUS, Case No. 1:21-cv-01523-JLT-EPG (PC) 10 Plaintiff, ORDER GRANTING PLAINTIFF’S 11 MOTION TO MODIFY SCHEDULING v. ORDER 12 UCHI, et al., (ECF No. 76) 13 Defendants. 14 15 16 John Fratus (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action 17 filed pursuant to 42 U.S.C. § 1983. 18 On January 25, 2023, Plaintiff filed a motion to modify the scheduling order. (ECF No. 19 76). In particular, Plaintiff asks for an extension of the motion to compel deadline and the non- 20 expert discovery cutoff. Plaintiff concedes that the motion to compel deadline ran on 21 December 7, 2022. However, according to Plaintiff, prior to this date, defense counsel and 22 Plaintiff made arrangements and agreed to discuss discovery disputes at Plaintiff’s deposition. 23 But on November 21, 2022, Plaintiff received a notice from defense counsel that Defendants 24 filed a motion to stay non-exhaustion discovery, and so would be postponing their objections 25 and responses to his interrogatory requests. Additionally, defense counsel postponed Plaintiff’s 26 deposition, which was noticed for December 5, 2022. Defense counsel informed Plaintiff that 27 his office could coordinate a meet and confer after resolution of Defendants’ exhaustion-based 28 motion for summary judgment. However, Plaintiff recently received an order denying enn nnn ee een en nn IE IE IE SI IEE ED 1 || Defendants’ motion to stay. Plaintiff states that he still needs to receive responses to 2 || interrogatories, confer with defense counsel regarding discovery disputes, and file a motion to 3 ||compel (Gif necessary). Plaintiff asks for a sixty-day extension of the non-expert discovery 4 || deadline and for ninety days to file a motion to compel. 5 The Court will grant Plaintiffs motion.! Additionally, as the Court is extending the 6 |}non-expert discovery deadline, the Court will also extend the dispositive motion deadline. 7 Accordingly, IT IS HEREBY ORDERED that 8 1. The motion to compel deadline is April 26, 2023. 3 2. The non-expert discovery cutoff is May 8, 2023. 10 3. The deadline for filing dispositive motions, including motions for summary it judgment (other than dispositive motions based on the defense of failure to 12 . . . exhaust administrative remedies), is June 9, 2023. 13 cs ws . □□ 4. All unmodified terms and conditions of the Scheduling Order remain in full 14 force and effect. 15 16 IS ORDERED. 17 , || Dated: _January 26, 2023 [spe ey UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 —— 26 ' The Court is troubled by the representation that Defendants did not respond to Plaintiff's discovery requests in a timely manner. While Defendants sought a stay, that request was denied (ECF No. 71), and 27 || Defendants were never granted an extension of time to respond to Plaintiffs requests. “It is well established that a failure to object to discovery requests within the time required constitutes a waiver of any objection.” Richmark 28 || Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir. 1992). Should Plaintiff file a motion to compel, the Court will evaluate this issue as well as any objections that are asserted.