Hazeltine v. Hicks et al

Filing 33

ORDER GRANTING 32 Stipulated Request to Modify Scheduling Order signed by Magistrate Judge Dennis L. Beck on 1/21/2016. Discovery due by 3/24/2016. Dispositive Motions filed by 5/24/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICK HAZELTINE,

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Plaintiff,
vs.
FRANCES HICKS, et al.,
Defendants.

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Case No.: 1:14-cv-00056 DAD DLB PC
ORDER GRANTING STIPULATED
REQUEST TO MODIFY SCHEDULING
ORDER
[ECF No. 32]
Discovery Cut-Off: March 24, 2016
Dispositive Motion Deadline: May 24, 2016

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Plaintiff Rick Hazeltine is a civil detainee proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983.
On January 20, 2016, the parties filed a stipulated request to modify the discovery and
scheduling order. Modification of the pretrial scheduling order requires a showing of good
cause. Fed. R. Civ. P. 16(b)(4). “The schedule may be modified ‘if it cannot reasonably be met
despite the diligence of the party seeking the extension.’” Zivkovic v. Southern California

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Edison Co., 302 F.3d 1080, 1087 (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.

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The parties state that good cause exists because Plaintiff was unaware that the Court had
issued a Discovery and Scheduling Order. Counsel for Defendants declares that when he
contacted Plaintiff regarding a noticed deposition, Plaintiff believed the case had been dismissed
and was unaware of any pending deadlines. Because Plaintiff was unaware of the Discovery and
Scheduling Order, he had no opportunity to conduct discovery. Plaintiff notified counsel of the
existence of evidence that should be obtained before Plaintiff’s deposition. In light of the above,

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the Court finds good cause to modify the scheduling order.
Accordingly, the stipulated request to modify the Discovery and Scheduling Order is
GRANTED. The existing discovery cut-off date is RESET to March 24, 2016, and the existing
dispositive motion deadline is RESET to May 24, 2016.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 21, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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