(PC) Givens v. Palagummi ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCOIS GIVENS, No. 2:19-cv-0017 DAD KJN P 12 Plaintiff, 13 v. 14 CALIFORNIA DEPARTMENT OF ORDER CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff is a former state prisoner, proceeding pro se. On December 29, 2022, the parties 19 filed a second stipulation to modify the court’s scheduling order to extend the discovery 20 deadlines. (ECF No. 91.) The parties have been attempting to resolve discovery disputes and 21 need additional time to do so. 22 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 23 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 24 quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 25 cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 26 ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 27 Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 28 Johnson, 975 F.2d at 607). ] The undersigned finds good cause to extend the discovery deadline. In light of such 2 || extension, the deadline for filing pretrial motions is also extended. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The December 29, 2022 stipulation (ECF No. 91) is approved. 5 2. The discovery cut-off is extended to February 14, 2023. 6 3. The pretrial motions deadline is extended to May 15, 2023. 7 4. All other portions of the Discovery and Scheduling Order remain in full force and 8 | effect. 9 || Dated: January 3, 2023 0 Foci) Aharon 11 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 12 || /give0017.16b2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28