Irving v. County of Sacramento

MEMORANDUM **

Plaintiffs-Appellants Tiffany and Joanne Irving appeal the district court’s denial of their motion for an extension of time to file their opposition to the Defendants-Appellees’ motion for summary judgment, and for a continuance of the hearing date for that motion. We conclude the district court did not abuse its discretion in denying these requests, and we affirm the district court’s summary judgment.

“ ‘The district court is given broad discretion in supervising the pretrial phase of litigation, and its decisions regarding the preclusive effect of a pretrial order ... will not be disturbed unless they evidence a clear abuse of discretion.’ ” Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir.2002) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir.1992)). A party may only obtain a modification of a pretrial scheduling order “ ‘upon a showing of good cause.’” Id. (quoting Johnson, 975 F.2d at 608 ).

Plaintiffs-Appellants did not file their motion for an extension of time and a continuance until the day their opposition to summary judgment was due under the district court’s pretrial scheduling order. The district court did not…