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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DONNY STEWARD,
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No. 2:16-cv-1232 TLN KJN P
Plaintiff,
v.
ORDER
G. THUMSER, et al.,
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Defendants.
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Plaintiff is a state prisoner, proceeding without counsel. On December 4, 2018,
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defendants filed a motion to modify the scheduling order to extend the deadline for dispositive
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motions, due to the pendency of defendants’ motion to dismiss this action as a discovery sanction
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based on plaintiff’s failure to cooperate in discovery, plaintiff’s motion to amend, and as other
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motions.
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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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Due to the pending motions, the court finds good cause to vacate the December 13, 2018
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deadline to file pretrial motions. The court will reset such deadline, if appropriate, following the
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court’s ruling on the pending motions. In all other respects, the discovery and scheduling orders
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previously issued remain in effect.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Defendants’ motion (ECF No. 79) is granted; and
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2. The December 13, 2018 pretrial motions deadline is vacated.
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Dated: December 13, 2018
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/stew1232.16b
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