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Valetta Mcmurray v. County of Sacramento

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 4, 2011

VALETTA MCMURRAY, PLAINTIFF,
v.
COUNTY OF SACRAMENTO, ET AL., DEFENDANTS.

ORDER

This action is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On April 1, 2011, defendants filed an ex parte application to modify the status (pretrial scheduling) order in this action. Dckt. No. 36; see also Dckt. No. 32. Specifically, defendants seek to continue the discovery deadline from May 4, 2011 to June 17, 2011 because defendants' motion for summary judgment was continued to a date beyond the initial discovery deadline (due to plaintiff's failure to respond to the motion) and defendants may need to conduct further discovery if the motion is denied. Dckt. No. 36 at 1, 3. Defendants do not seek to modify any other deadlines or dates set forth in the status (pretrial scheduling) order. Id.

A schedule may be modified upon a showing of good cause. Fed. R. Civ. P. 16(b). Good cause exists when the moving party demonstrates he cannot meet the deadline despite exercising due diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). "Although the existence or degree of prejudice to the party opposing the modification might supply additional reasons to deny a motion, the focus of the inquiry is upon the moving party's reasons for seeking modification." Id. Here, although defendants' ex parte application is not in strict compliance with the Local Rules,*fn1 the application is supported by good cause.

Accordingly, IT IS HEREBY ORDERED that:

1. Defendants' application to modify the scheduling order, Dckt. No. 36, is granted.

2. The discovery completion deadline set forth in the status (pretrial scheduling) order is continued to June 17, 2011. As provided in that order, the word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been complied with. Motions to compel discovery must be noticed on the undersigned's calendar in accordance with the Local Rules and must be heard not later than May 18, 2011.

3. All other dates and deadlines set forth in the status (pretrial scheduling) order, Dckt. No. 32, shall remain the same.

SO ORDERED.


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