(PC) Williams v. Parsells ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LANCE WILLIAMS, Case No. 2:22-cv-0514 KJM KJN P 12 Plaintiff, [PROPOSED] ORDER 13 v. 14 15 R. PARSELLS, et al., 16 Defendant. 17 18 Plaintiff is a state prisoner proceeding pro se. On March 1, 2023, counsel for defendant 19 filed a second motion to modify the scheduling order. 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 The Court has read and considered defendant’s second motion to modify the discovery and 28 scheduling Order (ECF No. 32, as modified by ECF No. 36). Good cause appearing, the 1 | undersigned grants the motion. The parties shall complete fact discovery, and file any necessary 2 || motions to compel, by April 20, 2013, and file dispositive motions on or before July 12, 2023. 3 || All other provisions of the prior scheduling order remain in full force and effect. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Defendant’s motion (ECF No. 37) is granted; and 6 2. The discovery deadline is extended to April 20, 2023, and the pretrial motions deadline 7 is extended to July 12, 2023. In all other respects, the prior discovery and scheduling 8 order (ECF No. 32) remains in effect. 9 || Dated: March 3, 2023 0 Foci) Aharon swinosta.16 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28