Reel v. Johnson

Opinion

1 2 3 4 5 6 7 10 11 AARON REEL, Case No.: 22cv526-W(LR)

12 Plaintiff, ORDER: 13 v. (1) GRANTING JOINT MOTION TO CONTINUE FOLLOW-UP 14 CITY OF EL CENTRO, et al., SETTLEMENT CONFERENCE 15 Defendants. [ECF No. 49]; AND

16 (2) RESETTING TELEPHONIC CONFERENCE 18 19 20 Currently before the Court is the parties’ “Joint Motion and Stipulation to Continue 21 Settlement Conference Scheduled for October 11, 2023,” in which the parties ask the 22 Court to continue the follow-up settlement conference in this case by approximately one 23 month. (ECF No. 49.) 24 To demonstrate good cause to continue the settlement conference, the parties 25 explain that additional document production has occurred since the Court’s last 26 modification of the scheduling order in this case, and that additional depositions and fact 27 discovery are necessary to ensure that the settlement conference, currently scheduled for 28 October 11, 2023 (ECF No. 48), will be productive. (See id. at 2.) 1 A scheduling order “may be modified only for good cause and with the judge’s 2 consent.” Fed. R. Civ. P. 16(b)(4). This good cause standard “primarily considers the 3 diligence of the party seeking the amendment. The district court may modify the pretrial 4 schedule ‘if it cannot reasonably be met despite the diligence of the party seeking the 5 extension.’” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) 6 (citing Fed. R. Civ. P. 16 advisory committee’s notes and collecting cases). “If that party 7 was not diligent, the inquiry should end.” Id. 8 Based on the foregoing, the Court finds good cause to continue the settlement 9 conference. Accordingly, the Court GRANTS the motion and RESETS the follow-up 10 settlement conference for November 16, 2023, at 9:30.a.m. Additionally, the Court sua 11 sponte RESETS the telephonic Case Management Conference, presently set for 12 November 22, 2023 (ECF No. 48) for January 10, 2024, at 9:00 a.m. Plaintiffs counsel 13 }is ORDERED to arrange the joint call to Judge Rodriguez’s chambers at (760) 339-4250. 14 As asummary, the Court modifies the scheduling order as follows: IS Event Current Amended Date 16 Deadline/Scheduled 7 Time Follow-up Settlement October 11, 2023, at 9:30 | November 16, 2023, at 9:30 18 Conference a.m. a.m. 19 Telephonic Case November 22, 2023, at January 10, 2024, at 9:00 Management Conference a.m. 9:30 a.m. 20 21 09 All other deadlines and requirements from the Court’s scheduling order (ECF No. 38) 3 remain unchanged. IT IS SO ORDERED. 5 Dated: September 11, 2023 26 FA Honorable Lupe Rodriguez, Jr. 27 United States Magistrate Judge 28