1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CARLOS MURILLO VEGA, Case No.: 21cv1770-GPC (MSB) 12 Plaintiff, 13 v. ORDER: (1) GRANTING IN PART AND DENYING 14 MANAGEMENT AND TRAINING IN PART JOINT MOTION TO AMEND 15 CORPORATION, SCHEDULING ORDER REGARDING Defendant. DISCOVERY DEADLINES [ECF NO. 35]; 16 AND 17 (2) SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE AND 18 DEADLINE FOR SERVING WRITTEN 19 DISCOVERY REQUESTS 20 21 Currently before the Court is the parties “Joint Motion to Amend Scheduling 22 Order Regarding Discovery Deadlines,” in which the parties ask this Court to continue all 23 dates in the current scheduling order by approximately four months. (ECF No. 35.) This 24 is the parties’ second request to amend the scheduling order, after the Court granted a 25 two-month extension on April 26, 2022. (See ECF No. 28.) 26 To demonstrate the parties’ diligence since the last continuance, Defendant’s 27 counsel recounts that Defendant has responded to Plaintiff’s third set of written 28 1 discovery, Plaintiff has served a fourth set of requests for production and responded to 2 Defendant’s written discovery, the parties are in frequent communication and “regularly 3 meet and confer regarding discovery and the trajectory of the matter,” and the parties 4 participated in an informal discovery conference with the Court on June 10, 2022. (Id. at 5 8.) However, the parties indicate they have not yet conducted any depositions, and 6 “based on the outstanding factual issues to be resolved, the outstanding discovery on 7 both sides, and the current discovery deadline of July 25, 2022, the parties agree they 8 need additional time to complete their investigation into the case, to review the 9 responses from the other side, to meet and confer, and—should the need arise—to 10 participate in an IDC or file a motion to compel with this Court.” (Id.) The parties 11 contend this is good cause for their requested four-month continuance. (Id. at 5.) 12 A scheduling order “may be modified only for good cause and with the judge’s 13 consent.” Fed. R. Civ. P. 16(b)(4). This good cause standard “primarily considers the 14 diligence of the party seeking the amendment. The district court may modify the 15 pretrial schedule ‘if it cannot reasonably be met despite the diligence of the party 16 seeking the extension.’” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th 17 18 Cir. 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes (1983 amendment) and 19 collecting cases). “If that party was not diligent, the inquiry should end.” Id. 20 Based on the foregoing, the Court finds good cause to amend the scheduling 21 order, but not to give the parties the entire four months that they seek. Based on the 22 Court’s discussion of discovery with the parties at the informal discovery conference on 23 June 10, 2022, and the parties’ joint motion, the Court finds good cause to GRANT the 24 motion in part and CONTINUE the dates in the scheduling order by approximately two 25 months. The Court believes that with effort, the parties can complete fact discovery by 26 the new deadline of September 26, 2022. Additionally, the Court sua sponte SETS two 27 new deadlines: (1) a deadline to serve written discovery of June 27, 2022, and (2) a 28 1 || telephonic Case Management Conference on September 15, 2022, at 11:00 a.m. 2 || Plaintiff’s counsel is ORDERED to arrange the joint call to Judge Berg’s chambers at (619) 3 ||557-6632. In summary, the Court modifies the schedule order as follows: Last day to serve written Not currently set June 27, 2022 6 discovery requests Telephonic Case Not currently set September 15, 2022, 7 Management Conference at 11:00 a.m. 8 Fact Discovery Cut-off July 25, 2022 September 26, 2022 9 Expert Disclosure October 10, 2022 December 9, 2022 10 Supplemental Disclosure October 24, 2022 December 23, 2022 11 Expert Discovery November 23, 2022 | January 23, 2023 December 19, 2022 | February 23, 2023 13 Mandatory Settlement January 25, 2023 March 24, 2023, at 14 Conference 9:30. a.m 15 Pretrial Disclosures March 24, 2023 June 2, 2023 16 Counsel’s Pretrial Meeting | March 30, 2023 June 9, 2023 17 Pretrial Order Exchange April 7, 2023 June 16, 2023 18 Proposed Final Pretrial April 14, 2023 June 23, 2023 19 Conference Order 20 Pretrial Conference April 21, 2023, June 30, 2023, 1: .m. 1 at 1:30 p.m. at 1:30 p.m. 22 23 IT IS SO ORDERED. 24 25 || Dated: June 17, 2022 Ss - = 26 _ 7 SA — 27 Honorable Michael S. Berg 38 United States Magistrate Judge