Bivins v. Ju et al
Filing
68
ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/2019 GRANTING defendant's 67 request for a modification of the Discovery and Scheduling Order; and the dispositive motion deadline is continued to 9/30/2019. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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Case No. 2:16-cv-00389 MCE KJN P
JOSEPH BIVINS,
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ORDER GRANTING DEFENDANT’S
Plaintiff, SECOND REQUEST TO MODIFY
SCHEDULING ORDER
v.
Judge:
The Honorable Kendall J. Newman
Trial Date:
Not Set
Action Filed: February 23, 2016
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DR. JEU, et al.,
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Defendant.
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Defendant Borges has requested a modification of the Discovery and Scheduling Order to
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extend the dispositive motion deadline until September 30, 2019.
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“The district court is given broad discretion in supervising the pretrial phase of litigation.”
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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal
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quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good
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cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified
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‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’”
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Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting
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Johnson, 975 F.2d at 607).
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////
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Good cause appearing therein, IT IS HEREBY ORDERED that:
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1. Defendant’s request for a modification of the Discovery and Scheduling Order (ECF
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No. 67) is GRANTED; and
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2. The dispositive motion deadline of August 30, 2019 is continued to September 30,
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2019.
Dated: August 26, 2019
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/bivi0389.16b
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