Ola
(PC) Sifuentes v. Ola
Opinion
Trial Court Opinion
I. BACKGROUND
23 Miguel G. Sifuentes (“Plaintiff”) is a prisoner proceeding pro se with this civil rights 24 action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended 25 Complaint filed on April 26, 2017, against defendant Dr. Ola (“Defendant”) for failure to provide 26 adequate medical care, in violation of the Eighth Amendment. (ECF No. 21.)
28 1 Plaintiff paid the filing fee on February 25, 2016. (Court Record.) On October 15, 2019, the court issued a Discovery and Scheduling Order establishing pretrial deadlines for the parties, including a discovery deadline of April 15, 2020, and a dispositive motions deadline of June 15, 2020. (ECF No. 43.) On April 17, 2020, Defendant filed a motion to modify the Scheduling Order. (ECF No. 47.) II. MOTION TO MODIFY SCHEDULING ORDER Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P. 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the modification of a scheduling order must generally show that even…