(PC)Henderson v. Hailie ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERBERT HENDERSON, Case No. 2:21-cv-0790 WBS KJN P 12 Plaintiff, [PROPOSED] ORDER GRANTING 13 DEFENDANT’S MOTION TO MODIFY v. SCHEDULING ORDER TO ALLOW 14 DEFENDANT TO FILE TWO SUCCESSIVE DISPOSITIVE MOTIONS 15 DR. HAILIE, AND TO VACATE DISPOSITIVE MOTION DUE DATE 16 Defendant. 17 18 Plaintiff is a former state prisoner. Defendant B. Haile moved this Court to modify the 19 scheduling order to allow her to file two successive dispositive motions. 20 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 21 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 22 quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 23 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 24 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 25 Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 26 Johnson, 975 F.2d at 607). 27 On October 20, 2023, the undersigned issued a discovery and scheduling order; discovery 28 closed on February 17, 2023, and the pretrial motions deadline was set for May 12, 2023. ] The Court read and considered defendant’s motion to modify the scheduling order and the 2 || accompanying declaration of counsel, and finds good cause exists to grant the motion. The 3 || current May 12, 2023 pretrial motions deadline is vacated. Defendant filed an exhaustion-based 4 | motion for summary judgment. (ECF No. 33.) If necessary, following resolution of such motion, 5 || the Court will issue a new scheduling order, ordering Defendant to file a merits-based motion for 6 || summary judgment within 60 days of its ruling on the exhaustion-based motion for summary 7 || judgment. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Discovery is closed. 10 2. Defendant’s motion (ECF No. 35) is granted. 11 3. The May 12, 2023 pretrial motions deadline (ECF No. 31) is vacated and will be reset 12 by court order, if appropriate, following resolution of defendant’s motion for summary 13 judgment (ECF No. 33). 14 | Dated: February 22, 2023 Aectl Aharon 16 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 17 18 || jrend0790.166 19 20 21 22 23 24 25 26 27 28