(PC) Taylor v. Haroun

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOE ALFRED TAYLOR, Case No. 1:21-cv-01109-ADA-CDB (PC) 12 Plaintiff, ORDER GRANTING DEFENDANTS’ 13 MOTION TO MODIFY THE v. DISCOVERY AND SCHEDULING 14 ORDER

15 AYUB HAROUN, et al., (Doc. 43)

16 Defendants.

17 18 Plaintiff Joe Alfred Taylor is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action filed under 42 U.S.C. § 1983. 20 I. INTRODUCTION 21 The Court issued its Discovery and Scheduling Order on October 10, 2023. (Doc. 40.) 22 Relevant here, the deadline for filing of dispositive motions is August 19, 2024. (Id.) 23 On August 9, 2024, Defendants filed a motion to modify the scheduling order to extend 24 the dispositive motion deadline. (Doc. 43.) Defendants’ request is supported by the Declaration of 25 Shaina Alcheck. (Id. at 5-6.) 26 II. DISCUSSION 27 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a scheduling order “may be modified only for good cause and with the judge's consent.” Fed. R. Civ. P. 16(b)(4). This 1 | good cause standard “primarily considers the diligence of the party seeking the amendment.” 2 | Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). The court may modify 3 | the scheduling order “if it cannot reasonably be met despite the diligence of the party seeking the 4 | extension.” /d. If the party was not diligent, the inquiry should end. Jd. 5 Here, Defendants’ motion indicates the parties have completed discovery. (Doc. 43 at 2.) 6 | Defendants seek an extension of 45 days within which to file a dispositive motion. (/d.) Defense 7 | counsel declares she intends to move for summary judgment on the merits based upon her case 8 | investigation and the discovery obtained. (d., at □□ 3-4.) She has begun compiling the relevant 9 | documentary evidence, preparing supporting declarations, and drafting the summary judgment 10 | motion. (d., 4.) However, defense counsel attests additional time is needed to complete those 11 || tasks. Ud.) She further declares that additional case obligations and responsibilities, including 12 | several dispositive motions, continue to require defense counsel’s immediate attention. (/d.) 13 Further, counsel will be out of the office and unable to work on the motion between August 11 14 | and 22, 2024. Ud.) Defense counsel declares the requested extension will allow her to properly 15 || complete the summary judgment motion, conserving the resources of the Court and the parties. 16 |) Ud., 45.) Lastly, Counsel declares Defendants have not sought a previous extension of the 17 | dispositive motion deadline, nor is the instant motion made for the purpose of harassment, undue 18 | delay, or for any other improper reason. (/d., at {[{| 6-7.) 19 I. CONCLUSION AND ORDER 20 Accordingly, and for good cause shown, the Court ORDERS that: 21 1. Defendants’ motion to modify the scheduling order (Doc. 43) is GRANTED; and 22 2. The Discovery and Scheduling Order is MODIFIED to extend the deadline for filing 23 a dispositive motion from August 19, 2024, to October 3, 2024. 24 | IT IS SOORDERED. > | Dated: _ August 12, 2024 | Wr bo 26 UNITED STATES MAGISTRATE JUDGE 27 28