1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 ESTATE OF WILLIAM HAYDEN Case No.: 3:23-cv-00785-DMS-AHG SCHUCK, et al., 13 ORDER RESOLVING OPPOSED Plaintiffs, JOINT MOTION AND DENYING 14

DEFENDANTS’ MOTION TO

v. 15 VACATE MANDATORY COUNTY OF SAN DIEGO, et al., SETTLEMENT CONFERENCE AND 16

REMAINING PRETRIAL

Defendants. 17 DEADLINES

18 [ECF No. 147] 19 20 Before the Court is the parties’ opposed joint motion to vacate the Mandatory 21 Settlement Conference (“MSC”) and remaining pretrial deadlines. ECF No. 147. 22 Defendants seek an order from the Court vacating the upcoming MSC, which is presently 23 set for September 30, 2025, and vacating all remaining pretrial deadlines, including the 24 October 3, 2025, pretrial conference and the November 3, 2025, trial. Id. at 1–4. Plaintiffs 25 oppose or, in the alternative, seek a continuance of the dates instead. Id. at 4–5. 26 Parties seeking to continue deadlines in the scheduling order must demonstrate good 27 cause. FED. R. CIV. P. 16(b)(4) (“A schedule may be modified only for good cause and with 28 the judge’s consent”); see also Chmb.R. at 2 (stating that any request for continuance 1 requires “[a] showing of good cause for the request”). Courts have broad discretion in 2 determining whether there is good cause. See, e.g., Johnson v. Mammoth Recreations, Inc., 3 975 F.2d 604, 607 (9th Cir. 1992); Liguori v. Hansen, No. 2:11cv492-GMN-CWH, 2012 4 WL 760747, at *12 (D. Nev. Mar. 6, 2012). “Good cause” is a non-rigorous standard that 5 has been construed broadly across procedural and statutory contexts. Ahanchian v. Xenon 6 Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). The good cause standard focuses on 7 the diligence of the party seeking to amend the scheduling order and the reasons for seeking 8 modification. Johnson, 975 F.2d at 609 (“[T]he focus of the inquiry is upon the moving 9 party’s reasons for seeking modification.... If that party was not diligent, the inquiry should 10 end.”) (internal citation omitted). 11 Here, Defendants represent that they “cannot evaluate, recommend, or obtain 12 settlement authority for claims” until Defendants’ Motions for Summary Judgement (ECF 13 Nos. 109, 110) are decided. ECF No. 147 at 2. Defendants argue that “[c]onducting the 14 MSC while dispositive motions are pending will likely result in an unnecessary waste of 15 the parties’ respective time and resources, in addition to a waste of judicial resources.” Id. 16 Defendants also contend that the uncertainty impacts their ability to discuss settlement 17 authority with the County Board of Supervisors. Id. at 3. As such, Defendants request that 18 the September 30, 2025, MSC be vacated. Plaintiffs oppose this request. Id. at 4. Plaintiffs 19 cast doubt on Defendants’ assertions regarding their inability to obtain settlement authority 20 prior to summary judgment motions being decided. Id. Further, Plaintiffs explain that the 21 arguments set forth in the summary judgment motions regarding qualified immunity no 22 longer require delay, as Plaintiffs did not oppose the dismissal of the only defendant who 23 raised qualified immunity. Id. 24 Regarding the remaining dates in the case, Defendants seek a Court order vacating 25 all scheduling order deadlines until after the summary judgment motions have been 26 decided. Id. at 3–4. Defendants argue that “[t]he content of the disclosures, memorandums, 27 and the pretrial conference order coming due will depend on the outcome of the pending 28 motions, as does what will and should be discussed at the Rule 16.1 meeting.” Id. at 3. 1 Plaintiffs oppose this request as well. Id. Plaintiffs explain that they have “already 2 expended significant time focusing their efforts on this matter” and seek to proceed with 3 trial as soon as possible while “witnesses are available and memories are fresher.” Id. In 4 the alternative, Plaintiffs request that the Court continue the deadlines in lieu of vacating 5 them. Id. at 5. 6 Upon due consideration, the Court DENIES Defendants’ motion to vacate the MSC 7 and remaining pretrial deadlines. ECF No. 147. The MSC on September 30, 2025, is 8 approximately one month away, so any contention that the summary judgment motions 9 will not be ruled on in time is premature. The Court also is not fully persuaded that rulings 10 on the summary judgment motions are a necessary prerequisite to meaningful settlement 11 discussions. The Court will, however, slightly modify the pre-MSC deadlines.1 Regarding 12 13 1 The Court modifies the pre-conference deadlines as follows: 14 1. No later than September 25, 2025, each party must submit to the Court via email (not filed) (at efile_goddard@casd.uscourts.gov) the names, titles, and email addresses of all 15 attendees. Court staff will then email all participants detailed instructions regarding the location 16 of the Court’s conference rooms. 2. Plaintiffs must serve on Defendants a written settlement proposal, which must 17 include a specific demand amount, no later than September 17, 2025. 3. The Defendants must respond to the Plaintiffs in writing with a specific offer 18 amount prior to the Meet and Confer discussion. The parties should not file or otherwise copy the 19 Court on these exchanges. Rather, the parties must include their written settlement proposals in their respective Settlement Conference Statements to the Court. 20 4. Counsel for the parties must meet and confer in person or by phone no later than 21 September 22, 2025. 5. Each party must prepare a Settlement Conference Statement, which will be served 22 on opposing counsel and lodged with the Court no later than September 25, 2025. The Statement must be lodged in .pdf format via email to efile_goddard@casd.uscourts.gov (not filed). The 23 substance of the Settlement Conference Statement must comply fully with Judge Goddard’s 24 Mandatory Settlement Conference Rules (located at https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Mandatory%20Settlement%2 25 0Conference%20Rules.pdf). 26 6. Each party may also prepare an optional Confidential Settlement Letter for the Court’s review only, to be lodged with the Court no later than September 25, 2025. The Letter 27 must be lodged in .pdf format via email to efile_goddard@casd.uscourts.gov (not filed). Should a party choose to prepare a Letter, the substance of the Settlement Conference Letter must comply 28 1 ||the remaining pretrial deadlines, the Court notes that the Pretrial Conference Order and 2 || objections to pretrial disclosures are due on September 26, 2025, over three weeks away. 3 || Any contention that the summary judgment motions will not be ruled on in time is also 4 ||speculative and premature. As such, the Court does not find good cause to vacate the 5 pretrial dates and deadlines at this time. The denial of the instant motion is without 6 || prejudice to refiling at a later date. 7 IT IS SO ORDERED. 8 Dated: September 3, 2025 5 Mpwuor H. Xyvolart Honorable Allison H. Goddard 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28