(PC) Green v. Link et al

Filing 76

ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/2021 GRANTING 75 Motion to Modify and GRANTING Defendant until 6/1/2021 to file an opposition to 54 Motion for Summary Judgment or a cross-motion for summary judgment. (Henshaw, R)

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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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VENCIL GREEN,

Case No. 2:19-cv-1324 JAM KJN P

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Plaintiff, [PROPOSED] ORDER AND REVISED
SCHEDULING ORDER

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v.
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J. LINK,

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Defendant.

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Plaintiff is a state prisoner, proceeding without counsel. This action proceeds on plaintiff’s

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claim that defendant Link retaliated against plaintiff in violation of the First Amendment.

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Defendant seeks modification of the court’s pretrial motion deadline in light of the recent

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substitution of counsel for defendant, and in order to complete settlement negotiations with

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plaintiff.1 Defendant seeks to extend the pretrial motions deadline for sixty days, until May 30,

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2021.

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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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A settlement conference is presently set in Vencil Green v. Pasioles, Case No. 2:20-cv0534 JAM JDP P (E.D. Cal.), on April 15, 2021, at 9:00 a.m., before the undersigned.

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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).

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The undersigned has read and considered defendant’s motion to modify the discovery and

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scheduling order. Good cause appearing, the motion is granted. Because May 30, 2021, falls on

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a Sunday, and May 31, 2021, is a holiday, the deadline is extended to June 1, 2021.

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Defendant is cautioned that the court is not inclined to grant further modifications.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendant’s motion to modify (ECF No. 75) is granted; and

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2.

Defendant shall have until June 1, 2021, to file an opposition to plaintiff’s motion for

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summary judgment (ECF No. 54), or cross-motion for summary judgment.

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Dated: April 1, 2021

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/gree1324.16b2