Arrizola

I. BACKGROUND

18 Plaintiff Lamar Brooks is a state prisoner proceeding pro se with this civil rights action 19 pursuant to 42 U.S.C. § 1983. On January 10, 2022, the Court issued a Discovery and Scheduling 20 Order establishing pretrial deadlines for the parties, including a deadline for filing dispositive 21 motions of August 10, 2022. (ECF No. 25.). 22 On August 10, 2022, Defendant Arrezola1 filed a motion to modify the Discovery and 23 Scheduling Order. (ECF No. 34.)

II. MOTION TO MODIFY SCHEDULING ORDER

25 Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P. 26 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations,

28 1 Sued as Arrizola. 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 with the exercise of due diligence, they cannot meet the requirement of the order. Id. The Court may also consider the prejudice to the party opposing the modification. Id. If the party seeking to amend the scheduling order fails to show due diligence the inquiry should end and the Court…