CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendant Pettersen's motion to modify the discovery and scheduling order. ECF No. 53. The two remaining defendants, C. Smith and W. Vaughn, along with G. Pettersen, also recently filed a joint motion for summary judgment. ECF No. 57. Plaintiff has not filed any opposition to defendant Pettersen's motion to modify the scheduling order in this case. For the reasons explained below, the court will deny defendant Pettersen's motion to modify the discovery and scheduling order without prejudice.
This case is proceeding on the Eighth Amendment deliberate indifference claims against defendants Dr. Smith, Dr. Vaughn, and Dr. Pettersen who were employed at Mule Creek State Prison where plaintiff is incarcerated. Defendants Smith and Vaughn were served and filed their answer on November 1, 2016.
In his motion to modify the current discovery and scheduling order, defendant Pettersen points out that the discovery period had closed before he filed his answer. ECF No. 53 at 1. As a result, he "has not had an opportunity to conduct discovery in this matter and therefore cannot prepare an adequate defense to Plaintiff's claims."
A party requesting a modification of the scheduling order must establish good cause for any amendment. Fed. R. Civ. P. 16(b)(2). The good cause standard of Rule 16(b) focuses primarily on the reasons for seeking modification.
While defendant Pettersen has demonstrated good cause based on his lack of discovery, the motion to modify the scheduling order governing this case is mooted by his pending motion for summary judgment. ECF No. 57. If the motion for summary judgment is granted with respect to defendant Pettersen then there will be no need to engage in further discovery or to modify the scheduling order. Therefore, in the interests of judicial economy, the court will deny the motion to modify the discovery and scheduling order without prejudice.
Accordingly, IT IS HEREBY ORDERED that defendant Pettersen's motion to modify the discovery and scheduling order, ECF No. 53, is denied without prejudice.