(PC) Ackerson v. Elliott ( 2023 )

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 ELTON ACKERSON, ) CASE NO: 2:21-cv-2205 WBS KJN P ) 12 ) Plaintiff, ) [PROPOSED] ORDER 13 ) vs. ) 14 ) ) ELLIOTT, et al., 15 ) Defendants. ) 16 ) ) 17 ) ) 18 ) 19 Plaintiff is a state prisoner, proceeding pro se. On April 19, 2023, defendants filed their 20 second motion to modify the discovery and scheduling order based, in part, on an informal 21 settlement offer made to plaintiff. Defendants seek to extend the pretrial motions deadline by 22 one week. 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 27 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 28 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 1 Good cause having been shown, defendants’ motion is granted, and the current deadline 2 || for filing dispositive motions is extended from April 20, 2023, to April 27, 2023. In all other 3 || respects, the discovery and scheduling order remains in effect. (ECF No. 21.) 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Defendants’ motion (ECF No. 39) is granted; and 6 2. The pretrial motions deadline is continued to April 27, 2023. In all other respects, the 7 || discovery and scheduling order (ECF No. 21) remains in effect. 8 Dated: April 24, 2023 10 KENDALL UNITED STATES MAGISTRATE JUDGE 12 13 facke2205.16b3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28