(PC) Adams v. Dahl

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 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 DAHL, et al., (Docs. 53, 55) 15 Defendants.

AUGUST 7, 2023, DEADLINE 18 Plaintiff Paul Adams is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. This action proceeds on First and Eighth Amendment claims raised against Defendants Dahl, Rios, and Kendrick in Plaintiff’s first amended complaint. (See Docs. 7, 10, 11.)

22 On February 23, 2023, the Court entered a discovery and scheduling order setting the exhaustion motion deadline for June 23, 2023. (Doc. 53.) Defendants have filed a motion to modify the scheduling order and extending the time for filing an exhaustion motion by 45 days, or August 7, 2023. (Doc. 55).

26 Pursuant to Rule 16(b)(3)(A) of the Federal Rules of Civil Procedure, district courts must 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 | (9th Cir. 1992). Parties must “diligently attempt to adhere to that schedule throughout the | subsequent course of the litigation.” Jackson v. Laureate, Inc., 186 F.R.D. 605, 607 (E.D. Cal. | 1999). If that party was not diligent, the inquiry should end. /d. at 609. The scheduling order | “controls the course of the action unless the court modifies it.” Fed. R. Civ. P. 16(d). “A || schedule may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. | 16(b)(4). Under Rule 16(b)’s “good cause” standard, the inquiry focuses on the moving party’s | 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 | the matter and has worked diligently to review the case, conduct research, and consider possible | defenses. Counsel requests additional time to review the case file and confer with Defendants | about the appropriateness of seeking summary judgment for failure to exhaust administrative | 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 | discovery and scheduling order, (Doc. 55), is GRANTED. The deadline for filing a motion for || 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