Reel v. Johnson

Opinion

AARON REEL, Case No.: 22cv526-W(LR)

Plaintiff, ORDER: v. (1) GRANTING JOINT MOTION TO AMEND SCHEDULING CITY OF EL CENTRO, et al., ORDER REGARDING Defendants. DISCOVERY DEADLINES AND FOLLOW-UP SETTLEMENT CONFERENCE [ECF No. 47]; AND (2) SETTING A TELEPHONIC CASE MANAGEMENT

Currently before the Court is the parties’ “Joint Motion and Stipulation to Continue Discovery Deadlines and Settlement Conference,” in which the parties ask the Court to modify several events in the current scheduling order, including: (1) continue the fact discovery deadlines by approximately two months, (2) continue some expert discovery deadlines by approximately one month, and (3) continue the follow-up settlement conference, currently scheduled for August 16, 2023, by approximately two months. (ECF No. 47.) This is the parties’ first request to amend the scheduling order. To demonstrate good cause to continue these events, Plaintiff’s counsel explains that her law firm’s computer systems suffered a catastrophic failure, which “delayed [P]laintiff’s ability provide the bulk of his document production.” (ECF No. 47 at 2.) Additionally, the parties note that they have agreed to exchange additional documents, which will require time to review, setting back the discovery process as it is currently scheduled. (See id.) The parties request that the events in listed in the scheduling order be modified as follows: Event Current Proposed Deadline Deadline/Scheduled Time Fact Discovery deadline September 22, 2023 November 17, 2023 Written discovery July 21, 2023 September 15, 2023 (interrogatories, requests for admission, document production requests) Follow-up Settlement August 16, 2023, at October 11, 2023, at Conference 9:30 a.m. 9:30 a.m. Expert Designation October 20, 2023 November 17, 2023 Exchange of Rebuttal November 3, 2023 December 1, 2023 Experts Expert Disclosure December 1, 2023 January 5, 2023 Supplemental Disclosure December 15, 2023 January 19, 2023 (See id. at 3.) A scheduling order “may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). This good cause standard “primarily considers the diligence of the party seeking the amendment. The district court may modify the pretrial schedule ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes and collecting cases). “If that party was not diligent, the inquiry should end.” Id. Based on the foregoing, the Court finds good cause to amend the scheduling order with respect to these events only. Accordingly, the Court GRANTS the motion. Additionally, the Court sua sponte SETS a telephonic Case Management Conference on November 22, 2023, at 9:00 a.m. Plaintiff's counsel is ORDERED to arrange the joint to Judge Rodriguez’s chambers at (760) 339-4250. As a summary, Court modifies the scheduling order as follows: Event Current Amended Date Deadline/Scheduled Time Fact Discovery deadline September 22, 2023 November 17, 2023 ? Written discovery July 21, 2023 September 15, (interrogatories, requests 2023 for admission, document V1 production requests) Follow-up Settlement August 16, 2023, at 9:30 | October 11, 2023, Conference a.m. at 9:30 a.m. Expert Designation October 20, 2023 November 17, 2023 Exchange of Rebuttal November 3, 2023 December 1, 2023 Experts Expert Disclosure December 1, 2023 January 5, 2023 Supplemental Disclosure December 15, 2023 January 19, 2023 Telephonic Case N/A November 22, Management Conference 2023, at 9:30 a.m. All other deadlines and requirements from the Court’s scheduling order (ECF No. 38) remain unchanged. Dated: July 19, 2023 / L Honorable Lupe Rodriguez, Jr. United States Magistrate Judge