(PC) Hesse v. County of Sacramento

1 LONGYEAR & LAVRA, LLP Van Longyear, CSB No.: 84189 Gigi Knudtson, CSB No.: 114993 Nicole M. Cahill, CSB No.: 287165 555 University Avenue, Suite 280 Sacramento, CA 95825 Phone: 916-974-8500 Facsimile: 916-974-8510 Email: [email protected] [email protected] 6 [email protected] Attorneys for Defendants, County of Sacramento, Lynn Billett, And Phoebe Foo 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

12 MICHAEL HESSE, an individual, ) Case No.: 2:21-cv-1931 WBS KJN P ) 13 Plaintiff ) ) [PROPOSED] ORDER MODIFYING THE v. ) SCHEDULING ORDER ) COUNTY OF SACRAMENTO, a municipal ) corporation; PHOEBE FOO, in her individual ) capacity; LYNN BILLET, in her individual ) capacity; STEPHENYE BURNETT; in her ) individual capacity; ANDREW HO, in his ) individual capacity, and SONIA SANGA, in ) her individual capacity: ) ) 19 Defendants. ) ) 21 Plaintiff is a former state prisoner, proceeding through counsel. On June 29, 2023, the parties filed a stipulation to modify the court’s scheduling order to extend the discovery deadlines. The parties have been attempting to schedule plaintiff’s deposition and need additional time to do so. Plaintiff is currently housed in the Yuba County Jail facing federal criminal charges.

“The district court is given broad discretion in supervising the pretrial phase of litigation.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified || only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may || be modified ‘if it cannot reasonably be met despite the diligence of the party seeking the || extension.” Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson, 975 F.2d at 607).

5 The undersigned finds good cause to extend the discovery deadline. In light of such extension, the deadline for filing pretrial motions is also extended.

7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The June 29, 2023 stipulation (ECF No. 43) is approved. ° 2. The July 3, 2023 discovery deadline is extended to September 15, 2023. "0 3. The pretrial motions deadline is extended to October 6, 2023.

4. All other portions of the Discovery and Scheduling Order (ECF No. 41) remain in full force and effect.

14 Dated: July 6, 2023 15 Fe_sil L Neer 16 UNITED STATES MAGISTRATE JUDGE