Reel v. Johnson ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 AARON REEL, Case No.: 22cv526-W(LR) 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO CONTINUE SCHEDULING ORDER 14 CITY OF EL CENTRO, et al., DEADLINES 15 Defendants. [ECF No. 86] 16 17 18 On May 1, 2024, the parties filed a “Joint Motion and Stipulation to Continue 19 Discovery Deadlines and Pre-Trial Dates re Scheduling Order [Doc 38].” (ECF No. 86.) 20 They ask the Court to continue certain fact and expert discovery deadlines, as well as the 21 deadline to file pretrial motions. (See id.) In support, the parties state that they have 22 scheduled private mediation for May 14, 2024, and require additional time to resolve 23 pending discovery disputes and complete outstanding discovery. (Id. at 2–3.) They 24 further state that counsel for Defendant City of El Centro has a trial from May 13, 2024, 25 until May 31, 2024 in an unrelated matter. (Id. at 3.) The parties therefore contend that 26 their request to continue is warranted and list their proposed dates. (Id. at 3–5.) 27 A scheduling order “may be modified only for good cause and with the judge’s 28 consent.” Fed. R. Civ. P. 16(b)(4). This good cause standard “primarily considers the 1 diligence of the party seeking the amendment. The district court may modify the pretrial 2 schedule ‘if it cannot reasonably be met despite the diligence of the party seeking the 3 extension.’” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) 4 (citing Fed. R. Civ. P. 16 advisory committee’s notes and collecting cases). “If that party 5 was not diligent, the inquiry should end.” Id. 6 Having considered the parties’ joint motion, the Court finds good cause and 7 GRANTS the motion. Having consulted with the chambers of District Judge Thomas J. 8 Whelan, the Court modifies the scheduling order as follows: 9 Event Current Amended Deadline 10 Deadline/Scheduled 11 Time Fact Discovery deadline May 31, 2024 as to June 21, 2024 12 outstanding discovery as to outstanding 13 and the following discovery and the 14 witnesses for following witnesses 15 deposition: for deposition: 16 Brian Johnson Brian Johnson 17 Robert Sawyer Robert Sawyer 18 James Thompson James Thompson 19 John Seaman; and John Seaman; and 20 Betsy Martyn Betsy Martyn 21 Expert Disclosure May 24, 2024 July 12, 2024 22 Supplemental Disclosure June 7, 2024 August 2, 2024 23 Expert Discovery Deadline July 5, 2024 August 30, 2024 24 Pretrial Motions Filing August 2, 2024 September 6, 2024 25 Cutoff 26 Pretrial Disclosures October 28, 2024 December 9, 2024 27 Meet and Confer about November 4, 2024 December 16, 2024 Pretrial Conference 28 5 Opposing Counsel Proposed Pretrial November 18, 2024 December 30, 2024 =| A and Lodged with district judge 5 Informal Letter Briefs to November 27, by January 8, 2025, by 7 Final Pretrial Conference December 2, 2024, at | January 13, 2025, at 9 10 All other guidelines and requirements remain unchanged. (See ECF No. 38.) 11 IT IS SO ORDERED. 12 Dated: May 3, 2024 13 LY Honorable Lupe Rodriguez, Jr. 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28