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