Harris v. Fernan et al

Filing 108

ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2021 GRANTING 106 Motion for Extension of Time; GRANTING 107 Motion to Modify the Scheduling Order; and EXTENDING the deadline for pretrial motions to 4/30/2021. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WAYDE HOLLIS HARRIS,

12

Plaintiff,

13
14

No. 2:17-cv-0680 TLN KJN P

v.

ORDER AND REVISED SCHEDULING
ORDER

S. KERNAN, et al.,

15

Defendants.

16
Plaintiff is a state prisoner, proceeding pro se. On March 24, 2021, plaintiff filed a motion

17
18

for extension of time to file a pretrial motion due to COVID-19 restrictions and limited law

19

library access. On March 26, 2021, defendant Kuersten filed a motion to modify the scheduling

20

order to request additional medical records needed to complete his motion for summary

21

judgment.
“The district court is given broad discretion in supervising the pretrial phase of litigation.”

22
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).
Good cause appearing, the parties’ motions are granted. The parties shall have until April

26
27

30, 2021, to file pretrial motions.

28

////

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s motion for an extension of time (ECF No. 106) is granted.

3

2. Defendant’s motion to modify the scheduling order (ECF No. 107) is granted.

4

3. The pretrial motions deadline is extended to April 30, 2021.

5

Dated: March 30, 2021

6
7
8
harr0680.36

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2