Hardney v. Phillips, et al.

Filing 46

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/15 ordering defendants' request for an extension of time 45 is granted. The discovery deadline is extended until 2/13/15 such that defendants may take plaintiff's deposition up to and including that date. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN HARDNEY,

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Plaintiff,

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No. 2:13-cv-2371 TLN CKD P

v.

ORDER

G. PHILLIPS, et al.,

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Defendants.

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Defendants have requested a one-week extension of the February 6, 2015 discovery

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deadline in order to take plaintiff’s deposition, citing logistical issues at the prison where the

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deposition will take place. (ECF No. 45.) Pursuant to Federal Rule of Civil Procedure 16(b), a

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scheduling order “may be modified only for good cause and with the judge’s consent.” Fed. R.

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Civ. P. 16(b)(4). The “good cause” standard “primarily considers the diligence of the party

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seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.

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1992). The district court may modify the scheduling order “if it cannot reasonably be met despite

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the diligence of the party seeking the extension.” Id.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ request for an extension of time (ECF No. 45) is granted; and

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2. The discovery deadline is extended until February 13, 2015, such that defendants may

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take plaintiff’s deposition up to and including that date.

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Dated: January 22, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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