1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TOMMY MACKEY, Case No. 1:18-cv-988-DAD-HBK 12 Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION FOR EXTENSION OF TIME TO

13 v. FILE PRE-TRIAL STATEMENTS

14 R. RODRIQUEZ; D. RODRIQUEZ; M. Plaintiff’s Pretrial Statement: POMPA; J. GARCIA; FNU MARTINEZ;, April 11, 2022 15 Defendants. Defendants’ Pretrial Statement: 16 May 11, 2022

17 Telephonic Trial Confirmation Hearing: July 11, 2022, 2:30 p.m. 18 (Doc. No. 70) 19 20 Pending before the Court is Defendants’ motion for extension of time to file pretrial 21 statements filed on February 15, 2022. (Doc. No. 70). Defendants seek a fourteen-day extension 22 of time to file their pretrial statements after Plaintiff’s files his pretrial statement. (Id. at 1). The 23 Court’s October 27, 2021, Order set a telephonic trial confirmation hearing and related deadlines 24 and ordered Plaintiff to file his pretrial statement on January 24, 2022, and Defendants to file 25 their pretrial statement thirty days thereafter, or by February 24, 2022. (Doc. No. 67).1 Plaintiff 26 failed to timely file his pretrial statement in compliance with the Court’s October 27, 2021, Order. 27 1 Defendants properly point out the October 27, 2022, Order contained conflicting dates for Defendants to 28 file their pretrial statement. See Doc. No. 67 at 1 and 2, ¶ 3. 1 | Defendants thus seek an extension of time to file their pretrial statement, arguing good cause. (d. 2 | at 1-4). 3 Fed. R. Civ. P. 6(b) provides for extending deadlines for good cause shown, if the request 4 | to extend time is made before the original time, or its extension expires; or, on a motion made 5 | after the time has expired, if the party failed to act because of excusable neglect. Good cause 6 || requires less than manifest injustice but a focus on the diligence of the moving party and that 7 || party’s reasons for seeking modification are the court’s focus in determining whether to permit an 8 | enlargement of time. Stoddart v. Express Services, 2017 WL 3333994 *1-*2 (E.D. Cal. August 4, 9 | 2017) (other citations omitted). 10 The Court finds good cause to extend the deadlines for the parties to file their pretrial 11 || statements. 12 Accordingly, it is ORDERED: 13 1. Defendants’ motion for an extension of time (Doc. No. 70) is GRANTED. 14 2. Plaintiff shall provide his pretrial statement to correctional officials for mailing no 15 | later than April 11, 2022. 16 3. Defendants shall file their pretrial statements no later than May 11, 2022. 17 4. The Court will continue the April 11, 2022, Telephonic Trial Confirmation Hearing to 18 July 11, 2022, at 2:30 p.m. 19 70 | Dated: _ March 11, 2022 Mile. Wh fareh Zaskth 1 HELENA M. BARCH-KUCHTA

UNITED STATES MAGISTRATE JUDGE

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