Delaney v. Tilton et al

Filing 73

ORDER on 67 MOTION to Modify Scheduling Order signed by Magistrate Judge Dennis L. Beck on 2/9/2009. Amended Complaint due by 2/23/2009, Scheduling Conference set for 5/11/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck.(Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 ISHMAEL DELANEY, 12 Plaintiff, 13 v. 14 JAMES E. TILTON, et al., 15 16 17 18 19 20 21 22 23 24 25 26 27 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

Case No.: 1: 07-CV-1219 LJO DLB PC ORDER ON MOTION TO MODIFY SCHEDULING ORDER (Doc. 67)

Defendants. ____________________________________/

S c h e d u lin g Conference: May 11, 2009 at 9:00 a.m. b e fo r e the Honorable Dennis L. Beck in Courtroom 9

Plaintiff Ishmael Delaney ("Plaintiff"), a state prisoner, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On January 8, 2009, Plaintiff filed a motion to modify the Scheduling Order/Discovery Order. (Doc. 67). Defendant Yates filed an opposition on January 12, 2009, and Plaintiff filed a reply on January 20, 2009. (Docs. 69, 70). Plaintiff seeks an extension

of the amended pleadings deadline, discovery deadline, and the dispositive motion deadline. This matter was heard on February 6, 2009 before the undersigned, with counsel for defendant Yates appearing and counsel for Plaintiff and counsel for defendant Ramirez Jr. appearing telephonically. Modification of the pretrial scheduling order requires a showing of good cause. Fed. R. Civ. P. 16(b). "The schedule may be modified `if it cannot reasonably be met despite the diligence of the party seeking the extension.'" Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 1

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(9th Cir. 2002) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992)). "If the party seeking the modification `was not diligent, the inquiry should end' and the motion to modify should not be granted." Id. Good cause having been found, the motion is GRANTED. Plaintiff is granted an extension of time, up to and including February 23, 2009, to file an amended complaint. As discussed at the hearing, defendant Yates has been dismissed from this action and Plaintiff may not re-allege Plaintiff's claims against him in the amended complaint. This matter is set for scheduling conference on May 11, 2009 at 9:00 a.m. before the undersigned to set the discovery and dispositive motion deadlines.

IT IS SO ORDERED. Dated: 3b142a

February 9, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

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