Vega v. DNC Parks & Resorts at Asilomar, Inc.

Summary

The United States District Court for the Eastern District of California addresses Defendants’ ex parte motion to extend the deadline for opposing Plaintiff’s class certification motion and to obtain limited additional discovery. The court directs Plaintiff to respond, extends Defendants’ opposition deadline to March 20, 2023, and continues the class certification hearing to April 26, 2023.

Holdings

1. Defendants demonstrated sufficient irreparable prejudice and lack of fault in creating the scheduling crisis to warrant ex parte relief.
2. A scheduling order may be modified only for good cause and with the judge's consent, with the diligence of the party seeking modification being the primary consideration.

Questions Presented

1. Whether defendants established grounds for ex parte relief.
2. Whether defendants demonstrated good cause under Federal Rule of Civil Procedure 16(b)(4) to modify the scheduling order and extend the deadline to oppose class certification.
3. Whether plaintiff should be required to respond to defendants' requests for limited discovery and related schedule modifications before the court ruled on the application.

Disposition

other