Orcasitas
Orcasitas v. Ko
Opinion
Trial Court Opinion
I. INTRODUCTION
18 Plaintiff Joe Tomas Orcasitas, Jr., a state prisoner proceeding pro se and in forma 19 pauperis, alleges civil rights violations pursuant to 42 U.S.C. § 1983 against Defendant 20 Doctor Ko, M.D. On March 9, 2022, Plaintiff filed a document entitled, “Request of 21 Plaintiff to [Amend] Complaint Prior to Discovery,” in which he seeks a fourteen-day 22 extension of time to file a motion for leave to amend his complaint [ECF No. 29]. The 23 Court construes the request as a Motion to Modify Scheduling Order based on the 24 substance of the filing. Defendant Ko similarly construed Plaintiff’s motion and filed an 25 Opposition to Plaintiff’s Motion for Extension of Time to File Amended Complaint on 26 March 18, 2022 [ECF No. 30]. For the following reasons, Plaintiff’s motion to modify 27 the scheduling order is GRANTED. 28 II. LEGAL STANDARDS The scheduling order issued by the court is required to limit the time to join other parties, amend the pleadings, complete discovery, and file motions. Fed. R. Civ. P. 16(b)(3)(A). The schedule may be modified only for good cause and with the judge's consent. Id. R.…