(PC) Green v. Link ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VENCIL GREEN, Case No. 2:19-cv-01324 JAM KJN P 12 Plaintiff, [PROPOSED] ORDER AND REVISED 13 SCHEDULING ORDER v. 14 15 J. LINK, 16 Defendant. 17 18 Plaintiff is a state prisoner, proceeding without counsel. Defendant has again moved to 19 extend the discovery and pretrial motions deadlines. Because plaintiff’s housing unit was placed 20 on COVID-19 quarantine, defendant was unable to take plaintiff’s deposition as originally 21 noticed, but counsel was granted the first available date post-quarantine, February 15, 2021, 22 which falls beyond the current discovery deadline. 23 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 24 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 25 quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 26 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 27 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 28 1 | Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 2 | Johnson, 975 F.2d at 607). 3 The court has read and considered the defendant’s motion to modify the discovery and 4 | scheduling order. Good cause appearing, the court grants the motion. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Defendant’s motion to modify (ECF No. 72) is granted; 7 2. Defendant shall have until March 1, 2021, to depose plaintiff; 8 3. The pretrial motions deadline is extended to March 31, 2021. 9 | Dated: February 5, 2021 8 /ew/gree1324.4112 Frees Aharon 11 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28