Summary
The United States District Court for the Eastern District of California denied without prejudice the parties’ stipulated request to extend case management dates, including the deadline for completing nonexpert discovery. The court found that the request was filed on the deadline, lacked the affidavits or declarations required by the scheduling order, and did not establish good cause or diligence under Federal Rule of Civil Procedure 16(b).
Holdings
- The parties failed to establish good cause for modifying the scheduling order because their submission did not demonstrate sufficient diligence or provide adequate details concerning their discovery efforts.
- The request did not comply with the operative scheduling order or Local Rule 144(d) because it lacked the required affidavit or declaration and was filed on the deadline, making the requested extension nunc pro tunc.
Questions Presented
- Whether the parties demonstrated good cause under Federal Rule of Civil Procedure 16(b)(4) to modify the scheduling order and extend the discovery deadline.
- Whether the stipulated request complied with the court's scheduling order and Eastern District of California Local Rule 144(d).
Disposition
other
Cases Cited (3)
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609-610 (9th Cir. 1992)(followed)
- Wong v. Regents of the University of California, 410 F.3d 1052, 1060 (9th Cir. 2005)(followed)
- Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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