(PC) Parker v. N. West

• Court: District Court, E.D. California
• Decided: June 18, 2024
• Docket: 2:22-cv-02015
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN PARKER, Case No. 2:22-cv-2015 CSK P 12 Plaintiff, [PROPOSED] ORDER 13 v. 14 15 N. WEST, 16 Defendant. 17 18 Plaintiff is a state prisoner proceeding pro se. On June 14, 2024, defendant filed a motion 19 to modify the discovery and scheduling order (ECF No. 55). This is defendant’s first request to 20 modify the discovery and scheduling order. 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). ] Good cause appearing, defendant’s motion to modify the discovery and scheduling order 2 || (ECF No. 55) is granted. Defendant is granted an extension of time to depose plaintiff; the 3 || discovery deadline is extended to August 8, 2024. Motions to compel discovery must be filed on 4 | or before August 8, 2024. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Defendant’s motion to modify the discovery and scheduling order (ECF No. 55) is 7 || granted; and 8 2. The discovery deadline is extended from June 14, 2024, to August 8, 2024. In all other 9 || respects the discovery and scheduling order remains in effect. No other deadlines are affected by 10 || this order. 1] 12 | Dated: June 17, 2024 4 aA 13 \ Aaa spe CHI SOO KIM 14 UNITED STATES MAGISTRATE JUDGE 15 6 fpark2015.16b 17 18 19 20 21 22 23 24 25 26 27 28