Reel v. Johnson

Opinion

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

Plaintiff, ORDER GRANTING IN PART v. JOINT MOTION TO AMEND SCHEDULING ORDER CITY OF EL CENTRO, et al., REGARDING DISCOVERY Defendants. DEADLINES AND PRE-TRIAL DATES

[ECF No. 51] Currently before the Court is the parties’ “Joint Motion and Stipulation to Continue Discovery Deadlines and Pre-trial Dates,” in which the parties ask the Court to continue nearly every remaining event in the scheduling order for this matter, including: (1) continue the fact discovery deadline by approximately two months, (2) continue some expert discovery deadlines, and (3) continue the remaining settlement conferences and case management conferences. (ECF No. 51.) This is the parties’ third request to amend the scheduling order, and the second time that the parties have requested modification of both fact discovery and expert discovery dates. (See ECF Nos. 47, 49, 51.) To demonstrate good cause to continue these events, counsel explain that they have exchanged two large sets of document production requests, requests for admission, and interrogatories since the written discovery deadline of September 15, 2023, that still require the production of thousands of documents. (ECF No. 51 at 2-3.) The parties note that the review of their responses to these requests will take more time than originally anticipated, and will likely lead to the taking and defending of additional depositions before the end of the fact discovery deadline. (See id.) As such, the parties request that the events in listed in the scheduling order (ECF No. 38) be modified as noted in the table below. The Court includes relevant docket numbers in the “Current Deadline/Scheduled Time” column to reflect the most recent amendments to the original scheduling order. Event Current Proposed Deadline Deadline/Scheduled Time Fact Discovery deadline November 17, 2023 January 12, 2024 (ECF No. 48) Follow-up Settlement November 16, 2023, at January 12, 2024 Conference 9:30 a.m. (ECF No. 50) Expert Designation November 17, 2023 January 12, 2024 (ECF No. 48) Telephonic Case January 10, 20241 (ECF March 6, 2024 Management Conference No. 50) (“TCMC”) Exchange of Rebuttal December 1, 2023 January 26, 2024 Experts (ECF No. 48.) Mandatory Settlement December 13, 2023 February 7, 2024 Conference (“MSC”) (ECF No. 30) Confidential Settlement December 6, 2023 January 31, 2024 Briefs for the MSC (ECF No. 30) Expert Disclosure January 5, 2024 (ECF March 1, 2024 No. 48) Supplemental Disclosure January 19, 2024 (ECF March 15, 2024 No. 48) 1 Although the Joint Motion contains two continuance requests for separate TCMCs, the Court has only scheduled one TCMC in this case, which was continued from November 22, 2023 to January 10, 2024. Expert Discovery Deadline January 12, 2024 (ECF April 12, 2024 No. 38) Pretrial Motions February 16, 2024 April 12, 2024 (ECF No. 38) Pretrial disclosures May 13, 2024 (ECF No. July 15, 2024 38) Meet and confer re: Pretrial May 20, 2024 (ECF No. July 22, 2024 Conference 38) Deadline for Plaintiff’s May 27, 2024 (ECF No. July 29, 2024 counsel to provide 38) opposing counsel with proposed pretrial order Proposed Final Pretrial June 3, 2024 (ECF No. August 5, 2024 Conference Order Lodged 38) Informal Letter Briefs June 12, 2024, at 2:30 August 14, 2024, at p.m. (ECF No. 38) 2:30 p.m. Final Pretrial Conference June 17, 2024, at 10:30 August 19, 2024 at a.m. (ECF No. 38) 10:30 a.m.

(See id. at 4-5.) 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. The Court concludes that good cause exists to modify most of the events in the parties’ joint motion. Accordingly, the Court GRANTS in part the motion to allow the

2 Although the parties list the current deadline for this event as February 16, 2024, (see ECF No. 51 at parties additional time to complete fact and expert discovery. As a summary, the Court modifies the scheduling order as follows: Event Current Amended Deadline Deadline/Scheduled Time Fact Discovery deadline November 17, 2023 January 12, 2024 (ECF No. 48) Follow-up Settlement November 16, 2023, at January 24, 2024, at Conference 9:30 a.m. (ECF No. 50) 9:30 a.m. Expert Designation November 17, 2023 January 5, 2024 (ECF No. 48) Exchange of Rebuttal December 1, 2023 January 19, 2024 Experts (ECF No. 48.) Mandatory Settlement December 13, 2023 March 13, 2024, at Conference (“MSC”) (ECF No. 30) 9:30 a.m. Confidential Settlement December 6, 2023 March 6, 2024 Briefs for the MSC (ECF No. 30) Expert Disclosure January 5, 2024 (ECF February 23, 2024 No. 48) Supplemental Disclosure January 19, 2024 (ECF March 8, 2024 No. 48) Expert Discovery Deadline January 12, 2024 (ECF March 29, 2024 No. 38) Pretrial Motions Filing February 16, 2024 April 26, 2024 Cutoff (ECF No. 38) Pretrial Disclosures May 13, 2024 (ECF No. July 8, 2024 38) Meet and Confer about May 20, 2024 (ECF No. July 15, 2024 Pretrial Conference 38) Proposed Pretrial Order to May 27, 2024 (ECF No. July 22, 2024 Opposing Counsel 38) Proposed Pretrial June 3, 2024 (ECF No. July 29, 2024 Conference Order Served 38) and Lodged with district judge Informal Letter Briefs to June 12, 2024 by 2:30 August 7, 2024, by district judge’s chambers p.m. (ECF No. 38) 2:30 p.m. Final Pretrial Conference June 17, 2024 at 10:30 | August 12, 2024, at

All other requirements and deadlines from the Court’s scheduling order (ECF No. remain in effect. The Court notes that the extensions outlined above provide the parties with nearly two additional months to complete expert discovery, file pretrial motions, and prepare this case for trial. Any additional extension requests will therefore be strongly disfavored absent extraordinary circumstances. Dated: October 30, 2023 / Le Honorable Lupe Rodriguez, Jr. United States Magistrate Judge