Reel v. Johnson

Opinion

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

Plaintiff, ORDER GRANTING JOINT v. MOTION TO CONTINUE SCHEDULING ORDER CITY OF EL CENTRO, et al., DEADLINES Defendants. [ECF No. 86] On May 1, 2024, the parties filed a “Joint Motion and Stipulation to Continue Discovery Deadlines and Pre-Trial Dates re Scheduling Order [Doc 38].” (ECF No. 86.) They ask the Court to continue certain fact and expert discovery deadlines, as well as the deadline to file pretrial motions. (See id.) In support, the parties state that they have scheduled private mediation for May 14, 2024, and require additional time to resolve pending discovery disputes and complete outstanding discovery. (Id. at 2–3.) They further state that counsel for Defendant City of El Centro has a trial from May 13, 2024, until May 31, 2024 in an unrelated matter. (Id. at 3.) The parties therefore contend that their request to continue is warranted and list their proposed dates. (Id. at 3–5.) 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. Having considered the parties’ joint motion, the Court finds good cause and GRANTS the motion. Having consulted with the chambers of District Judge Thomas J. Whelan, the Court modifies the scheduling order as follows: Event Current Amended Deadline Deadline/Scheduled Time Fact Discovery deadline May 31, 2024 as to June 21, 2024 outstanding discovery as to outstanding and the following discovery and the witnesses for following witnesses deposition: for deposition: Brian Johnson Brian Johnson Robert Sawyer Robert Sawyer James Thompson James Thompson John Seaman; and John Seaman; and Betsy Martyn Betsy Martyn Expert Disclosure May 24, 2024 July 12, 2024 Supplemental Disclosure June 7, 2024 August 2, 2024 Expert Discovery Deadline July 5, 2024 August 30, 2024 Pretrial Motions Filing August 2, 2024 September 6, 2024 Cutoff Pretrial Disclosures October 28, 2024 December 9, 2024 Meet and Confer about November 4, 2024 December 16, 2024 Pretrial Conference Opposing Counsel Proposed Pretrial November 18, 2024 December 30, 2024 =| A and Lodged with district judge Informal Letter Briefs to November 27, by January 8, 2025, by

Final Pretrial Conference December 2, 2024, at | January 13, 2025, at

All other guidelines and requirements remain unchanged. (See ECF No. 38.) Dated: May 3, 2024 LY Honorable Lupe Rodriguez, Jr. United States Magistrate Judge