(PC) Gosztyla v. Gruenwald

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD GOSZTYLA, Case No. 2:22-cv-1725 KJM CSK P 12 Plaintiff, [PROPOSED] ORDER 13 v. 14 15 E. GRUENWALD, 16 Defendant. 17 18 Plaintiff is a state prisoner proceeding pro se. Pending before the Court is defendant’s 19 motion for a 45-day extension of time to file a dispositive motion. This is defendant’s first 20 request to extend the pretrial motions deadline; the Court finds good cause to grant the motion. 21 Governing Standards 22 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 23 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 24 quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 25 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 26 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 27 Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 28 Johnson, 975 F.2d at 607). 1 Discussion 2 Defendant’s counsel has diligently investigated plaintiff's claims, reviewed relevant 3 || documents, conducted legal research, consulted with the client, and prepared for and took 4 || plaintiff's deposition; counsel determined that a merits-based motion for summary judgment is 5 || appropriate. (ECF No. 42.) However, counsel needs additional time to prepare and complete the 6 || motion for summary judgment, and therefore seeks an additional 45 days, up to and including 7 || July 29, 2024, in which to file the motion for summary judgment. Good cause appearing, 8 | defendant’s motion is granted. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. Defendant’s motion for an extension of time (ECF No. 42) is granted; 1] 2. The pretrial motions deadline is extended from June 14, 2024, until July 29, 2024. In all 12 || other respects, the discovery and scheduling order (ECF No. 32) remains in effect. 13 | Dated: June 12, 2024 4 aA Aan Spe | CHI SOO KIM 15 UNITED STATES MAGISTRATE JUDGE 16 17 || A/gosz1725.16b 18 19 20 21 22 23 24 25 26 27 28