Morris v. Nangalama et al
Filing
89
ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/16 GRANTING 88 Motion for Extension of time. The deadline to file dispositive motions is extended to May 17, 2016. In all other respects, the August 13, 2015 discovery and scheduling order remains in effect.(Dillon, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
LEON E. MORRIS,
13
14
v.
Case No. 2:12-cv-01202-MCE-KJN
Plaintiff, ORDER GRANTING DEFENDANTS’
MOTION TO MODIFY THE
DISCOVERY AND REVISED
SCHEDULING ORDER
15
16
NANGALAMA, et al. ,
17
Defendants.
18
19
Defendants seek a third extension of time in which to file a motion for summary judgment.
20
Defendants are awaiting finalization of their expert declaration from Dr. Galen Church, who is
21
currently on vacation and cannot provide his signed declaration. Defendants aver that good cause
22
exists because if defendants are successful on their motion for summary judgment, the case will
23
be resolved in its entirety, and contend that defendants will be prejudiced if the motion is not
24
granted.
25
“The district court is given broad discretion in supervising the pretrial phase of litigation.”
26
Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal
27
quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good
28
cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified
1
‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’”
2
Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting
3
Johnson, 975 F.2d at 607).
4
In the April 22, 2016 order, defendants were advised that no further extensions of this
5
deadline would be granted. (ECF No. 87 at 2.) However, defendants seek a brief extension, and
6
are unable to file their motion without Dr. Church’s signed declaration. Because the extension is
7
necessitated by the absence of Dr. Church, and not for an improper purpose, the undersigned
8
finds good cause to grant defendants’ motion to modify the discovery and revised scheduling
9
order.
10
Accordingly, IT IS HEREBY ORDERED that
11
1. Defendants’ motion (ECF No. 88) is granted; and
12
2. The deadline to file dispositive motions is extended to May 17, 2016. In all other
13
respects, the August 13, 2015 discovery and scheduling order remains in effect.
14
Dated: May 13, 2016
15
16
17
18
19
20
21
22
23
24
25
26
27
28
/cw/morr1202.16b3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?