Brum v. MarketSource, Inc.

Summary

The United States District Court for the Eastern District of California granted plaintiffs’ ex parte application to continue deadlines in a putative class action. The court found excusable neglect and good cause to modify the scheduling order, resetting the final pretrial conference to April 13, 2026, and the jury trial to June 16, 2026.

Holdings

1. Plaintiffs were entitled to ex parte relief because proceeding with the final pretrial conference before resolution of the pending class-certification motion would irreparably prejudice them, and their delay in seeking modification constituted excusable neglect.
2. Plaintiffs demonstrated good cause and sufficient diligence to modify the scheduling order under Federal Rule of Civil Procedure 16(b)(4).

Questions Presented

1. Whether plaintiffs satisfied the requirements for ex parte relief by showing irreparable prejudice and excusable neglect.
2. Whether plaintiffs demonstrated good cause and sufficient diligence under Federal Rule of Civil Procedure 16(b)(4) to modify the scheduling order.
3. Whether the final pretrial conference and jury trial should be continued until after resolution of the pending renewed motion for class certification.

Disposition

other