(PC) Davis v. Portillo ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER BRANDON DAVIS, Case No.: 1:22-cv-00457-KES-CDB (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S REQUESTS TO MODIFY THE 13 v. DISCOVERY AND SCHEDULING ORDER 14 M. PORTILLO, et al., (Docs. 45, 47) 15 Defendants. 16 17 Plaintiff Christopher Brandon Davis is proceeding pro se and in forma pauperis in this 18 civil rights action brought pursuant to 42 U.S.C. § 1983. 19 I. RELEVANT BACKGROUND 20 The Court issued its Discovery and Scheduling Order on December 22, 2023. (Doc. 38.) 21 On February 22, 2024, the Court issued its Order Granting Plaintiff’s Request to Extend 22 Discovery and Scheduling Order Deadlines. (Doc. 40.) 23 On February 5, 2024, Plaintiff filed a document titled “Extension to Filing Deadlines 24 Request.” (Doc. 45.) 25 On September 18, 2024, Plaintiff filed a document titled “Motion to Compel Discovery 26 Pitches Motion.”1 (Doc. 46.) The following day, Plaintiff filed a document titled “Request for 27 Extension to Filing Deadlines, Second Request.” (Doc. 47) 1 II. DISCUSSION 2 District courts have broad discretion to manage discovery and to control the course of 3 | litigation under Federal Rule of Civil Procedure 16. Hunt v. Cnty. of Orange, 672 F.3d 606, 616 4 | (9th Cir. 2012). A scheduling order may be modified only upon a showing of good cause and by 5 | leave of Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, 6 | Inc., 975 F.2d 604, 609 (9th Cir. 1992). In considering whether a party moving for a schedule 7 | modification has shown good cause, the Court primarily focuses on the diligence of the party 8 | seeking the modification. Johnson, 975 F.2d at 609 (citing Fed. R. Civ. P. 16 advisory 9 || committee’s notes of 1983 amendment). When an act must be done within a specified time, the 10 | court may, for good cause, extend the time with or without motion or notice if the court acts, or if 11 || arequest is made, before the original time expires. Fed. R. Civ. P. 6(b)(1)(A). 12 Briefly stated, Plaintiff's timely requests to extend the deadlines concerning the 13 | completion of discovery and for the filing of dispositive motions by 60 days establish good cause 14 | for modification of the Discovery and Scheduling Order. 15 I. CONCLUSION AND ORDER 16 Good cause appearing, IT IS HEREBY ORDERED that: 17 1. Plaintiff's requests to extend certain discovery deadlines (Docs. 45, 47) are 18 GRANTED; 19 2. The Discovery and Scheduling Order is MODIFIED as follows: 20 a. The deadline to complete discovery is extended from September 23, 2024, to 21 November 22, 2024; and 22 b. The deadline to file dispositive motions is extended from December 2, 2024, to 23 January 31, 2025. 24 | IT IS SOORDERED. > | Dated: _ September 20, 2024 | br Pr 26 UNITED STATES MAGISTRATE JUDGE 27 28