Opinion
4:22-cv-00017-SLG
03-31-2023
JUSTIN ACKER, et al., Plaintiffs, v. PROVIDENCE HEALTH AND SERVICES WASHINGTON, d/b/a Providence Alaska Medical Center, et al., Defendants.
ORDER RE PLAINTIFFS' FED. R. CIV. P. 56(D)(2) MOTION FOR ADDITIONAL TIME TO TAKE DISCOVERY BEFORE RESPONDING TO MOTION FOR SUMMARY JUDGMENT
SHARON L. GLEASON, UNITED STATES DISTRICT JUDGE
Before the Court at Docket 30 is Plaintiffs' Fed.R.Civ.P. 56 (d)(2) Motion for Additional Time to Take Discovery Before Responding to Motion for Summary Judgment. Defendant Knox responded in opposition to the Motion at Docket 31.
Plaintiffs seek an additional six months before responding to the motion in which to conduct discovery. Defendant Knox opposes. She points to the scheduling order in this case, which specified that “[m]otions regarding the 1983 claims shall be filed by February 24, 2023.” However, she omits the second half of the sentence from that order: “if necessary discovery has been completed by then.” See Docket 23 at 8. And Plaintiffs have demonstrated that they could benefit from additional discovery prior to responding to the motion. Moreover, fact discovery does not close until October 26, 2023. See Docket 23 at 4.
For the foregoing reasons, the motion at Docket 30 is GRANTED and Plaintiffs shall have until September 5, 2023 in which to respond to Dr. Knox's motion for summary judgment. However, Plaintiffs are expected to diligently conduct all necessary discovery. No additional extensions of this deadline will be granted absent a showing of exceptional good cause.