(PC) Humphries v. Curry

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARYLE L. HUMPHRIES, Case No. 2:22-cv-00090 KJN PC 12 Plaintiff, [PROPOSED] ORDER GRANTING 13 DEFENDANT’S MOTION TO MODIFY v. THE DISCOVERY AND SCHEDULING 14 ORDER 15 P. CURRY, 16 Defendant. 17 18 Plaintiff is a state prisoner, proceeding pro se. On August 9, 2023, defendant filed a motion 19 to modify the scheduling order. As set forth below, defendant’s motion is granted. 20 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 21 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 22 quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 23 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 24 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 25 Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 26 Johnson, 975 F.2d at 607).

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28 //// ] Defendant’s counsel deposed plaintiff and an inmate witness but needs additional time to 2 || receive and review numerous records and draft a dispositive motion. (ECF No. 35-1.) In 3 || addition, counsel will be out of the office a large part of August 2023. (ECF No. 35-1 at 5.) 4 Good cause appearing, defendant’s motion to modify the Discovery and Scheduling Order 5 || (ECF No. 26) is granted. Defendant is granted a forty-five day extension of time to file a motion 6 || for summary judgment on or before September 25, 2023. 7 Accordingly, IT IS HERBY ORDERED that: 8 1. Defendant’s motion (ECF No. 35) is granted; 9 2. The pretrial motions deadline is extended to September 25, 2023; in all other respects, 10 || the January 25, 2023 scheduling order remains in effect (ECF No. 26). 11 || Dated: August 11, 2023 Aectl Aharon 13 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 14 15 /hump0090.16b 16 17 18 19 20 21 22 23 24 25 26 27 28