(PC) Samaniego v. CDCR ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO SAMANIEGO, No. 2:19-cv-2606 TLN KJN P 12 Plaintiff, 13 v. ORDER GRANTING JOINT STIPULATION AND REVISED SCHEDULING ORDER 14 CDCR, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner, proceeding through counsel. The parties filed a joint 18 stipulation for plaintiff to file a second amended complaint and a joint motion to modify the 19 scheduling order. As set forth below, the joint stipulation is approved, and the requests to file the 20 amended complaint and modify the scheduling order are granted. 21 Governing Standards 22 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 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). “The schedule may be modified 26 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 27 Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 28 Johnson, 975 F.2d at 607). 1 |} Discussion 2 Plaintiff, a quadriplegic, was previously proceeding pro se. In April of 2022, new counsel 3 || appeared on behalf of plaintiff. (ECF Nos. 52, 53.) The parties have been diligently pursuing 4 || discovery, including scheduling/conducting depositions, and have stipulated to the filing of the 5 || second amended complaint and extending discovery and pretrial motion deadlines. The 6 || undersigned finds good cause to grant the joint stipulation. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff shall file his second amended complaint no later than five days from the date 9 || of this order. 10 2. Defendants Ramirez, Spangler, and Albain shall file their responsive pleadings within 11 | thirty days from the date the second amended complaint ts filed. 12 3. The deadline to serve written discovery is continued from August 12, 2022, to 13 || February 9, 2023. 14 4. The discovery deadline is continued from October 11, 2022, to April 11, 2023. 15 5. The deadline to file pretrial motions is continued from January 11, 2023, to July 11, 16 | 2023. 17 6. Except as specified herein, all other dates and deadlines operative as of the Court’s 18 || scheduling orders (Doc. 36, 51) remain in unchanged and unaffected by this order. 19 | Dated: August 24, 2022 20 Aectl Aharon 21 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 22 23 /sama2606.16b-1 24 25 26 27 28