(PC) Melendez v. Diaz ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MELENDEZ, et al., Case No. 1:20-cv-01393-NODJ-CDB (PC) 12 Plaintiffs, ORDER ON STIPULATION EXTENDING DEADLINE TO FILE MOTION FOR 13 v. SUMMARY JUDGMENT 14 RALPH DIAZ, et al., (Doc. 87) 15 Defendants. 16 17 On July 28, 2022, the Court issued a Scheduling Order setting all case management dates 18 in this case. (Doc. 31). On January 12, 2023, the Court granted the parties’ stipulated request to 19 amend the Scheduling Order. (Docs. 35-36). On May 16, 2023, the Court granted in part a 20 second stipulated request to amend the scheduling conference. (Docs. 53-54). On September 18, 21 2023, the Court issued an order granting Plaintiff’s motion to modify the scheduling order. See 22 (Docs. 76, 83). Among other adjustments, the dispositive motion deadline was extended to 23 December 29, 2023. 24 Pending before the Court is the parties’ third stipulated request to extend the deadline to 25 file motions for summary judgment by 60 days. (Doc. 87). The parties note they have completed 26 all fact and expert discovery and there is currently no trial date set for this matter. Id. at 3. The 27 parties’ request an extension of time by 60 days is prompted by “Defendants’ counsel’s unexpected engagement in significant deposition discovery in another case which involves 1 | significant travel throughout the month of December.” Jd. 2 In light of the parties’ representations that they have timely completed all fact and expert 3 | discovery, the Court finds good cause to grant a continuance of the dispositive motion deadline. 4 | See Fed. R. Civ. P. 16(b)(4); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 5 | 1992). Accordingly, IT IS HEREBY ORDERED: 6 1. The parties’ stipulated request to modify date to file motion for summary 7 judgment by sixty days (Doc. 87) is GRANTED; 8 2. The deadline to file dispositive motions is extended to March 1, 2024; and 9 3. The pretrial conference set for January 16, 2024 (Doc. 84) is VACATED and 10 to be reset following resolution of any dispositive motion. 11 | IT IS SO ORDERED. '* | Dated: _December 21, 2023 | Wr by 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28