(PC) Cage v. Johnson

Good Law
United States District Court, Eastern District of CaliforniaDecember 3, 20241:22-cv-01429California448 words

Opinion

Trial Court Opinion

I. INTRODUCTION

21 The Court issued its Discovery and Scheduling Order on January 25, 2024. (Doc. 26.) 22 Relevant here, the deadline for the filing of any dispositive motion was set for December 5, 2024. 23 (Id.) 24 On December 2, 2024, Defendant filed an “Ex Parte Motion for Extension of Time to File 25 Motion for Dispositive Motion.” (Doc. 35.) Defendant seeks a 21-day extension of the dispositive 26 motion filing deadline. (Id.) 27 // I. DISCUSSION Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a scheduling order “may be modified only for good cause and with the judge's consent.” Fed. R. Civ. P. 16(b)(4). This 4 good cause standard “primarily considers the diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). The court may modify 6 the scheduling order “if it cannot reasonably be met despite the diligence of the party seeking the 7 extension.” Jd. If the party was not diligent, the inquiry should end. Jd. Here, defense counsel Isha Vazirani attests that the litigation coordinator at California 9 State Prison-Corcoran was…

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