1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ZACHARY WILL BRENNER, Case No.: 1:24-cv-00545-KES-SKO 12 Plaintiff, ORDER VACATING DISCOVERY AND SCHEDULING ORDER 13 v. (Doc. 24) 14 HEATHER SHIRLEY, et al., 15 Defendants. 16 17 Plaintiff Zachary Will Brenner is proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to

. This action proceeds on Plaintiff’s Eighth Amendment 19 conditions of confinement claims against Defendants Shirley, Cronjager, and Degough. 20 I. BACKGROUND 21 The Court issued its Discovery and Scheduling Order on June 25, 2025. (Doc. 24.) 22 On August 25, 2025, the Court issued its Order Regarding Plaintiff’s Filing of August 22, 23 2025, denying Plaintiff’s request to continue his deposition, request to modify the scheduling 24 order, and request for appointment of counsel. (Doc. 27.) On September 12, 2025, the Court 25 issued its Order Granting Defendants’ Request to Modify the Discovery and Scheduling Order, 26 extending the deadline for filing an exhaustion-based summary judgment motion to November 27 24, 2025. (Doc. 29.) On October 22, 2025, Defendants filed a Notice of Settlement. (Doc. 31.) 1 II. DISCUSSION 2 In the Notice of Settlement, Defendants advise that after meeting and conferring with 3 Plaintiff on October 21, 2025, the parties have agreed to settle this case. (Doc. 31 at 2.) The 4 parties also request that the Court “vacate all pending dates” as they anticipate filing a joint 5 stipulation for voluntary dismissal with prejudice within sixty days. (Id.) 6 District courts have broad discretion to manage discovery and to control the course of 7 litigation under Federal Rule of Civil Procedure 16. Hunt v. County of Orange,

, 616 8 (9th Cir. 2012). 9 Here, the parties have agreed to settle their dispute and to submit a stipulation for 10 voluntary dismissal with prejudice within sixty days. As a result, the Court will grant the parties’ 11 request and vacate the scheduling order. 12 III. CONCLUSION AND ORDER 13 Accordingly, the Court HEREBY ORDERS: 14 1. The Discovery and Scheduling Order issued June 25, 2025 (Doc. 24) is VACATED; 15 and 16 2. The parties SHALL submit a Stipulation to Voluntary Dismissal with Prejudice no 17 later than December 22, 2025. 18 IT IS SO ORDERED. 19

20 Dated: October 23, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 21

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