(PC) Bowcut v. Daram ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD RAY BOWCUT, No. 2:21-cv-00736 DB P 12 Plaintiff, 13 v. ORDER 14 VASUKI DARAM, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights 18 action seeking relief pursuant to 42 U.S.C. § 1983. On May 8, 2023, the court issued a modified 19 discovery and scheduling order, which made dispositive motions due on October 31, 2023. (ECF 20 No. 42.) On October 31, 2023, defendants’ counsel filed a motion to modify the scheduling 21 order.1 (ECF No. 45.) Counsel asks that the deadline for dispositive motions be extended to 22 November 14, 2023. (Id.) For the reasons stated below, the court will grant the motion. 23 “Rule 16(b) of the Federal Rules of Civil Procedure authorizes the district court to control 24 and expedite pretrial discovery through a scheduling order.” FMC Corp. v. Vendo Co., 196 F. 25 Supp. 2d 1023, 1030 (E.D. Cal. 2002). “A schedule may be modified only for good cause and 26 with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). Rule 16(b)’s “‘good cause’ requirement 27 1 Defense counsel is reminded that it is a better practice to file a motion to continue a deadline 28 before the actual deadline. 1 | focuses primarily on the party’s diligence and its reasons for not acting sooner.” City of Lincoln 2 | v. County of Placer, --- F. Supp. 3d ---, 2023 WL 2776091, at *6 (E.D. Cal. 2023). “Ifa party 3 | was not diligent, the inquiry should end.” Vendo Co., 196 F. Supp. 2d at 1030 (quoting Johnson 4 | v. Mammoth Recs., Inc., 975 F.2d 604, 609 (9th Cir. 1992)). “The decision to modify a 5 | scheduling order is within the broad discretion of the district court.” Id. 6 In support of the motion, defendants’ counsel states that counsel is preparing a motion for 7 | summary judgment, but that defendant Daram is currently on vacation. (ECF No. 45-1 at 2.) As 8 | aresult, counsel has been unable to review the summary judgment motion with defendant Daram. 9 | Qd.) Given the unavailability of defendant Daram, good cause supports the motion for a 10 | continuance. 11 Good cause appearing, IT IS HEREBY ORDERED that: 12 1. Defendant’s motion to modify the scheduling order (ECF No. 45) is granted; and 13 2. The deadline for filing dispositive motions is November 14, 2023. 14 || Dated: November 1, 2023 15 16 U7 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 18 19 20 DBD Prisoner Inbox/Civil Rights/R/bowc0736.mod DSO 21 22 23 24 25 26 27 28