(PC) Marta v. CDCR ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASON MARTA, 1:20-cv-00072-ADA-GSA-PC 12 Plaintiff, ORDER GRANTING DEFENDANT’S EX PARTE APPLICATION TO MODIFY 13 v. SCHEDULING ORDER 14 CDCR, (ECF No. 36.) 15 Defendant. ORDER EXTENDING DISPOSITIVE MOTIONS FILING DEADLINE TO JULY 16 12, 2023 FOR ALL PARTIES 17 New Deadline to File Dispositive Motions: July 12, 2023 18 19 20 I. BACKGROUND 21 Jason Marta (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with 22 this civil rights action pursuant to 42 U.S.C. § 1983 and Title II of the Americans with Disabilities 23 Act (ADA), 42 U.S.C. § 12132 (1994). This case now proceeds against sole defendant CDCR 24 (“Defendant”) for violation of the ADA. (ECF No.12). 25 On March 30, 2022, the court issued a Discovery and Scheduling Order establishing 26 pretrial deadlines for the parties, including a discovery deadline of August 30, 2022, and a 27 dispositive motions filing deadline of October 30, 2022. (ECF No. 23.) On August 30, 2022, 28 Defendant filed an ex parte application to modify the Scheduling Order and extend the deadlines 1 for discovery and for the filing of dispositive motions. (ECF No. 25.) On August 31, 2022, the 2 Court granted Defendant’s application and extended the discovery deadline to October 29, 2022 3 and the dispositive motions filing deadline to December 29, 2022. (ECF No. 26.) 4 On December 29, 2022, Defendant filed an ex parte application to extend the dispositive 5 motions filing deadline to March 14, 2023. (ECF No. 29.) On January 6, 2023, the Court granted 6 Defendant’s application and extended the dispositive motions deadline to March 14, 2023. (ECF 7 No. 30.) 8 On March 14, 2023, Defendant filed another ex parte application to extend the dispositive 9 motions filing deadline to May 28, 2023. (ECF No. 33.) On March 31, 2023, the Court granted 10 Defendant’s application and extended the dispositive motions deadline to May 28, 2023. (ECF 11 No. 35.) 12 On May 25, 2023, Defendant filed another ex parte application to extend the dispositive 13 motions filing deadline to July 12, 2023. (ECF No. 36.) Plaintiff has not filed an opposition. 14 II. MOTION TO MODIFY SCHEDULING ORDER 15 Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P. 16 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations, 17 Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the 18 modification of a scheduling order must generally show that even with the exercise of due 19 diligence, they cannot meet the requirement of the order. Id. The court may also consider the 20 prejudice to the party opposing the modification. Id. If the party seeking to amend the scheduling 21 order fails to show due diligence the inquiry should end and the court should not grant the motion 22 to modify. Zivkovic v. Southern California Edison, Co., 302 F.3d 1080, 1087 (9th Cir. 2002). 23 The Court finds good cause to extend the dispositive motions filing deadline in the 24 Court’s Discovery and Scheduling Order for all parties. Therefore, the application to modify the 25 Scheduling Order filed by Defendant CDCR on May 25, 2023 shall be granted, and the 26 dispositive motions filing deadline shall be extended to July 12, 2023, for all parties. 27 III. CONCLUSION 28 Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that: 1 1. Defendant CDCR’s ex parte application to modify the Court’s Scheduling Order, 2 filed on May 25, 2023, is GRANTED; 3 2. The dispositive motions filing deadline is extended from May 28, 2023 to July 4 12, 2023, for all parties; and 5 3. All other provisions of the court’s March 30, 2022 Discovery and Scheduling 6 Order remain the same. 7 IT IS SO ORDERED. 8 9 Dated: June 22, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28