Opinion
1:19-cv-01185-ADA-HBK
05-02-2023
ALBERT EUGENE THOMAS, Plaintiff, v. FLORES, et al., Defendants.
Amended Exhaustion Deadline- June 9, 2023
ORDER GRANTING DEFENDANTS'
MOTION FOR ADMINISTRATIVE
RELIEF
(DOC. NO. 36)
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Defendants' Motion for Administrative Relief to modify the Discovery and Scheduling Order filed May 2, 2023. (Doc. No. 32). Defendants seek to extend the deadline for Defendants to challenge Plaintiff's exhaustion of administrative remedies from May 9, 2023 to June 9, 2023.
Fed. R. Civ. P. 6(b) provides for extending deadlines for good cause shown, if the request to extend time is made before the original time, or its extension expires; or, on a motion made after the time has expired, if the party failed to act because of excusable neglect. Additionally, Fed.R.Civ.P. 16(b)(4) permits a court to modify a scheduling order for good cause shown and with the judge's consent. Here, Defendants filed their motion before the prior extension of time expired and have established good cause to extend the exhaustion deadline.
ACCORDINGLY, it is hereby ORDERED:
1. Defendants' Motion for Administrative Relief (Doc. No. 36) is GRANTED.
2. The deadline for Defendants to file an exhaustion-based motion for summary judgment is extended from May 9, 2023 to June 9, 2023.
3. All other deadlines and procedures set forth in the Court's February 9, 2023 Discovery and Scheduling Order (Doc. No. 32) remain in effect.