Steward v. Thumser et al

Filing 84

ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2018 GRANTING 79 Motion to Modify the Discovery and Scheduling Order. The 12/13/2018 pretrial motions deadline is VACATED. (Huang, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNY STEWARD, 12 13 14 No. 2:16-cv-1232 TLN KJN P Plaintiff, v. ORDER G. THUMSER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. On December 4, 2018, 18 defendants filed a motion to modify the scheduling order to extend the deadline for dispositive 19 motions, due to the pendency of defendants’ motion to dismiss this action as a discovery sanction 20 based on plaintiff’s failure to cooperate in discovery, plaintiff’s motion to amend, and as other 21 motions. 22 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 23 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 24 quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 25 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 26 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 27 Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 28 Johnson, 975 F.2d at 607). 1 1 Due to the pending motions, the court finds good cause to vacate the December 13, 2018 2 deadline to file pretrial motions. The court will reset such deadline, if appropriate, following the 3 court’s ruling on the pending motions. In all other respects, the discovery and scheduling orders 4 previously issued remain in effect. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Defendants’ motion (ECF No. 79) is granted; and 7 2. The December 13, 2018 pretrial motions deadline is vacated. 8 Dated: December 13, 2018 9 10 11 12 13 /stew1232.16b 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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