1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OPERATING ENGINEERS HEALTH Case No. 18-cv-07345-JSC AND WELFARE TRUST FUND FOR 8 NORTHERN CALIFORNIA, et al., ORDER DENYING MOTION TO 9 Plaintiffs, CONTINUE PRETRIAL DATES 10 v. Re: Dkt. Nos. 69-70

11 AECOM, A DELAWARE CORPORATION, 12 Defendant. 13 14 Upon the parties’ stipulation, and to allow them to complete settlement negotiations, the 15 Court continued the pretrial deadlines in this case many times. Most recently, on January 15, 16 2021, the Court extended the fact discovery cut-off to April 26, 2021. (Dkt. No. 66.) On that 17 same date, Defendant moved to continue all pretrial deadlines for 60 days. (Dkt. No. 69.) It 18 insists that the parties had agreed to stay discovery pending their settlement negotiations and that it 19 needs time to take depositions. 20 Defendant has not shown good cause for modifying the Court’s scheduling order. See Fed. 21 R. Civ. P. 16(b). In particular, for the reasons set forth in Plaintiffs’ opposition to the motion to 22 continue, (Dkt. Nos. 73, 74), Defendant has not been diligent. See Johnson v. Mammoth 23 Recreations, Inc.,

(9th Cir. 1992). The record does not support any such 24 agreement-to-stay and the Court did not agree to a stay of discovery. Accordingly, the motion to 25 continue is DENIED. 26 Any discovery disputes regarding outstanding written discovery requests must be brought 27 to the Court’s attention by way of a joint discovery dispute letter on or before May 28, 2021. 1 IT IS SO ORDERED. 2 Dated: May 7, 2021 3 4 ne JACQUELINE SCOTT CORL 5 United States Magistrate Judge 6 7 8 9 10 11 12

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