Sousa

MEMORANDUM **

Allison, Brendan, Evan, and Zackery Sousa (collectively, “Sousa”) appeal the summary judgment in favor of the Unilab Corporation Class II (Non-Exempt) Members Group Benefit Plan and Principal Mutual Insurance Company (collectively, “Principal”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Sousa first argues that the district court should not have relied on the Plan’s limitation period as the sole basis for its ruling because no limitations defense was included as a disputed legal issue in the scheduling conference order. However, the district court had discretion to amend the scheduling order and to enter a final pretrial order that framed the issues of law for trial. See Miller v. Safeco Title Ins. Co., 758 F.2d 364, 369 (9th Cir.1985). A scheduling conference order is not a final pretrial order that may only be modified to prevent manifest injustice, see Fed. R.Civ.P. 16(e); instead, it may be, and was, modified for good cause, id. 16(b). The limitations issue was raised in Principal’s answer, it was listed in the parties’ joint pretrial statement, and it was discussed at the pretrial conference. Accordingly, unlike Eagle v. Am. Tel. & Tel.…