1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOMINIC (AKA DIAMOND) VARGAS, Case No.: 1:20-cv-000083-JLT-CDB (PC) 12 Plaintiff, ORDER MODIFYING DISCOVERY AND

SCHEDULING ORDER

13 v. (Doc. 82) 14 CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

15 REHABILITATION, et al.,

16 Defendants. 17 18 Plaintiff Dominic Vargas is proceeding pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 I. INTRODUCTION 21 On October 3, 2025, Plaintiff filed a document titled “Stipulation for 90-Day Extension of 22 Discovery Cut-Off Date and Deadline to File Motion for Summary Judgment and Notice of 23 Deposition of Plaintiff Dominic Vargas Being Moved to After December 2025.” (Doc. 91.) 24 On October 10, 2025, Defendants filed their notice of non-opposition to Plaintiff’s earlier 25 filing. (Doc. 92.) 26 Following review of pleadings, the Court will modify the Discovery and Scheduling Order 27 as all parties seek to extend the deadlines for the completion of all discovery and the filing of dispositive motions. 1 I. DISCUSSION 2 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a scheduling order “may 3 | 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.” 5 | 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. 8 Here, the parties agree that extending the deadlines for the completion of all discovery and 9 | the filing of dispositive motions by 90 days is warranted. The parties note that extending the 10 | discovery deadline would allow for Plaintiff's deposition — presently set for November 7, 11 | 2025 —to be reset to a later date, allowing for Plaintiff's medical treatment to progress and the 12 || parties to learn Plaintiff's “anticipated treatment timeline.” 13 I. CONCLUSION AND ORDER 14 Accordingly, and for good cause shown, the Court ORDERS that: 15 1. Plaintiff’s motion to extend the deadlines for the completion of discovery and the 16 filing of motions for summary judgment (Doc. 91) is GRANTED; and 17 2. The Discovery and Scheduling Order is MODIFIED as follows: 18 a. The deadline for the completion of discovery is extended from November 7, 19 2025, to February 5, 2026; 20 b. The deadline for the filing of dispositive motions is extended from January 20, 21 2026, to April 20, 2026. 22 | ITIS SOORDERED. | Dated: _ October 14, 2025 | Wr 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28