Reel v. Johnson
- Proceeding
- district
- Area
- civil
- Panel
- Lupe Rodriguez (author)
Analysis
The parties filed a joint motion to continue the follow-up settlement conference, citing the need for additional discovery to ensure the conference's productivity. The court granted the motion, resetting the settlement conference for November 16, 2023, and sua sponte reset the telephonic case management conference for January 10, 2024.
| What the court decided | The model |
|---|---|
Granting the joint motion to continue the follow-up settlement conference“Accordingly, the Court GRANTS the motion and RESETS the follow-up settlement conference for November 16, 2023, at 9:30.a.m.” | agree with court The court applied the 'good cause' standard required by Federal Rule of Civil Procedure 16(b)(4) and the Ninth Circuit precedent in Johnson v. Mammoth Recreations, Inc. The parties provided a specific reason for the delay (additional document production and the need for further depositions), which supports a finding of good cause. The decision follows from the law and the record recited in the order. |
Resetting the telephonic case management conference“Additionally, the Court sua sponte RESETS the telephonic Case Management Conference, presently set for November 22, 2023 (ECF No. 48) for January 10, 2024, at 9:00 a.m.” | agree with court The court modified the scheduling order sua sponte. While the order does not explicitly state the standard for this specific sua sponte action, it is a procedural adjustment consistent with the modification of the settlement conference date. The court has the authority to manage its own docket and modify scheduling orders for good cause. |
The order itself: sound — The order correctly identifies the applicable legal standard (Rule 16(b)(4) and Johnson v. Mammoth Recreations) and applies it to the facts presented by the parties (need for additional discovery). The reasoning is sufficient to support the grant of the motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 AARON REEL, Case No.: 22cv526-W(LR)
12 Plaintiff, ORDER: 13 v. (1) GRANTING JOINT MOTION TO CONTINUE FOLLOW-UP 14 CITY OF EL CENTRO, et al., SETTLEMENT CONFERENCE 15 Defendants. [ECF No. 49]; AND 16 (2) RESETTING TELEPHONIC 17 CASE MANAGEMENT CONFERENCE 18 19 20 Currently before the Court is the parties’ “Joint Motion and Stipulation to Continue 21 Settlement Conference Scheduled for October 11, 2023,” in which the parties ask the 22 Court to continue the follow-up settlement conference in this case by approximately one 23 month. (ECF No. 49.) 24 To demonstrate good cause to continue the settlement conference, the parties 25 explain that additional document production has occurred since the Court’s last 26 modification of the scheduling order in this case, and that additional depositions and fact 27 discovery are necessary to ensure that the settlement conference, currently scheduled for 28 October 11, 2023 (ECF No. 48), will be productive. (See id. at 2.) 1 A scheduling order “may be modified only for good cause and with the judge’s 2 ||consent.” Fed. R. Civ. P. 16(b)(4). This good cause standard “primarily considers the 3 || diligence of the party seeking the amendment. The district court may modify the pretrial 4 || schedule ‘if it cannot reasonably be met despite the diligence of the party seeking the 5 ||extension.’” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) 6 || (citing Fed. R. Civ. P. 16 advisory committee’s notes and collecting cases). “If that party 7 || was not diligent, the inquiry should end.” Id. 8 Based on the foregoing, the Court finds good cause to continue the settlement 9 ||conference. Accordingly, the Court GRANTS the motion and RESETS the follow-up 10 || settlement conference for November 16, 2023, at 9:30.a.m. Additionally, the Court sua 11 || sponte RESETS the telephonic Case Management Conference, presently set for 12 || November 22, 2023 (ECF No. 48) for January 10, 2024, at 9:00 a.m. Plaintiffs counsel 13 |}is ORDERED to arrange the joint call to Judge Rodriguez’s chambers at (760) 339-4250. 14 || As asummary, the Court modifies the scheduling order as follows: IS Event Current Amended Date 16 Deadline/Scheduled 7 Time Follow-up Settlement October 11, 2023, at 9:30 | November 16, 2023, at 9:30 18 Conference a.m. a.m. 19 Telephonic Case November 22, 2023, at January 10, 2024, at 9:00 Management Conference a.m. 9:30 a.m. 20 21 09 All other deadlines and requirements from the Court’s scheduling order (ECF No. 38) 3 remain unchanged. IT IS SO ORDERED. 5 Dated: September 11, 2023 26 FA Honorable Lupe Rodriguez, Jr. 27 United States Magistrate Judge 28