(PC) McBounds v. Clays ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 2:19-cv-2208 KJM KJN P MARK McBOUNDS, 12 [PROPOSED] ORDER Plaintiff, 13 v. 14 15 D. CLAYS, et al., 16 Defendants. 17 18 Plaintiff is a state prisoner, proceeding pro se. On February 23, 2023, defendants filed a 19 motion to modify the discovery and scheduling order. Plaintiff failed to respond to written 20 discovery, and at plaintiff’s deposition the parties met and conferred concerning plaintiff’s 21 required discovery responses. As a result, the discovery and scheduling order requires 22 modification, and plaintiff does not oppose the motion. (ECF No. 50 at 2.) 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 Good cause appearing, defendants’ motion is granted. Plaintiff cautioned that he is 4 || required to cooperate in discovery, and his failure to do so may result in the issuance of sanctions, 5 || including a recommendation that this action be terminated. See Fed. R. Civ. P. 37(b)(2)(A) 6 || (sanctions may be imposed for failure to comply with a discovery order); Fed. R. Civ. P. 37(d)(3) 7 || (sanctions may be imposed for failure to serve answers to interrogatories or to respond to request 8 | for production of documents). 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. Defendants’ motion for a forty-five day extension of time to file a motion to compel 11 discovery response and dispositive motion (ECF No. 50) is granted. 12 2. The discovery deadline is extended to April 10, 2023, and the pretrial motions deadline 13 is extended to July 3, 2023. In all other respects, the October 26, 2022 discovery and 14 scheduling order (ECF No. 49) remains in effect. 15 || Dated: February 24, 2023 6 Aectl Aharon 17 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 18 19 /mcbo2208.16b 20 21 22 23 24 25 26 27 28