(PC) Humphries v. Curry ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARYLE L. HUMPHRIES, Case No. 2:22-cv-00090 KJN PC 12 Plaintiff, [PROPOSED] ORDER GRANTING 13 DEFENDANT’S SECOND MOTION TO v. MODIFY THE DISCOVERY AND 14 SCHEDULING ORDER 15 P. CURRY, 16 Defendant. 17 18 Plaintiff is a state prisoner, proceeding pro se. He previously requested a settlement 19 conference. (ECF No. 33.) On September 22, 2023, defendant filed a second request to modify 20 the discovery and scheduling order. Defendant requests a settlement conference and that the 21 court extend the dispositive motion deadline or stay the case to facilitate a settlement conference. 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). ] Good cause appearing, defendant’s motion to modify the discovery and scheduling order 2 || and the parties’ requests for settlement conference are granted. The Clerk of Court is directed to 3 || assign a magistrate judge to hold a settlement conference in this matter. The September 25, 2023 4 || deadline for filing dispositive motions is extended and stayed pending completion of the 5 || settlement conference. If the case does not settle, dispositive motions shall be filed thirty days 6 || after the settlement conference is completed. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Defendant’s motion to modify (ECF No. 37) is granted. 9 2. The parties’ requests for settlement conference are granted. 10 3. The Clerk of the Court is directed to assign a magistrate judge to hold a settlement 11 || conference. 12 4. The September 25, 2023 deadline for filing dispositive motions is extended to thirty 13 || days after the settlement conference is conducted, and such deadline is stayed pending completion 14 || of the settlement conference. If the case does not settle, dispositive motions shall be filed thirty 15 || days after the settlement conference is completed. No other deadlines are affected by this order. 16 || Dated: September 25, 2023 Aectl Aharon 18 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 19 20 |} rumpoogo.16b2 21 22 23 24 25 26 27 28