(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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 VENCIL GREEN, Case No. 2:19-cv-1324 JAM KJN P 13 Plaintiff, [PROPOSED] ORDER AND REVISED SCHEDULING ORDER 14 v. 15 16 J. LINK, 17 Defendant. 18 Plaintiff is a state prisoner, proceeding without counsel. This action proceeds on plaintiff’s 19 20 claim that defendant Link retaliated against plaintiff in violation of the First Amendment. 21 Defendant seeks modification of the court’s pretrial motion deadline in light of the recent 22 substitution of counsel for defendant, and in order to complete settlement negotiations with 23 plaintiff.1 Defendant seeks to extend the pretrial motions deadline for sixty days, until May 30, 24 2021. 25 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 26 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 27 1 28 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. 1 quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 2 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). 3 The undersigned has read and considered defendant’s motion to modify the discovery and 4 scheduling order. Good cause appearing, the motion is granted. Because May 30, 2021, falls on 5 a Sunday, and May 31, 2021, is a holiday, the deadline is extended to June 1, 2021. 6 Defendant is cautioned that the court is not inclined to grant further modifications. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Defendant’s motion to modify (ECF No. 75) is granted; and 9 2. Defendant shall have until June 1, 2021, to file an opposition to plaintiff’s motion for 10 summary judgment (ECF No. 54), or cross-motion for summary judgment. 11 Dated: April 1, 2021 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /gree1324.16b2

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