ORDER APPROVING STIPULATION TO EXTEND DISCOVERY DEADLINE FOR LIMITED PURPOSE OF COMPLETING PARTY DEPOSITIONS

(Doc. 47)

SHEILA K. OBERTO, Magistrate Judge.

Under Federal Rules of Civil Procedure 6(b)(1)(A), 16(b)(4), and 26(d) and Local Rules 143 and 144, the parties, through their counsel of record, agree to extend the discovery deadline for thirty days, up to and including December 26, 2013, for the limited purpose of completing the depositions of the parties.

A scheduling order may be modified only upon a showing of good cause and by leave of Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (describing the factors a court should consider in ruling on such a motion). In considering whether a party moving for a schedule modification has good cause, the Court primarily focuses on the diligence of the party seeking the modification. Johnson, 975 F.2d at 609 (citing Fed. R. Civ. P. 16 advisory committee's notes of 1983 amendment). "The district court may modify the pretrial schedule `if it cannot reasonably be met despite the diligence of the party seeking the amendment.'" Id. (quoting Fed. R. Civ. P. 16 advisory committee notes of 1983 amendment).

Good cause exists to grant this extension because the parties require more time to take the deposition of the parties. Discovery is scheduled to close on November 29, 2013, based on the Court's Scheduling Order issued on March 29, 2013. (ECF No. 25.) The depositions of four Defendants are scheduled for November 18 to 19, 2013. Defendants Hubach and Matthews now work at institutions near the Sacramento area, but Plaintiff's counsel is unavailable to travel to Sacramento before the close of discovery. Defendant Adams lives out of state, and Plaintiff's counsel may not need to take his deposition depending on Adams's responses to written discovery. Also, Plaintiff is currently incarcerated at Pelican Bay State Prison in Crescent City, and counsel are unable to travel to the prison before the close of discovery. Counsel have agreed to take Plaintiff's deposition by videoconference to reduce the expense associated with his deposition. However, the earliest the parties and the prison can accommodate his deposition is December 19, 2013. Thus, the parties request a thirty-day extension of the discovery deadline to complete these depositions.

ORDER

Based on the parties' stipulation and good cause appearing, the discovery deadline is extended to December 26, 2013, for the limited purpose of completing the parties' depositions.

IT IS SO ORDERED.