Kevin Morgan v. Colusa County, et al.

Summary

This amended scheduling order governs proceedings in Kevin Morgan v. Colusa County, et al., in the U.S. District Court for the Eastern District of California. It vacates the scheduled conference, addresses service and amendment of pleadings, and establishes discovery and motion deadlines following clarification related to Wellpath’s bankruptcy proceedings.

Holdings

1. The court may issue an amended scheduling order without consulting the parties at a scheduling conference when, after reviewing the parties' updated joint status report, the court determines that a conference is unnecessary under Federal Rule of Civil Procedure 16(b)(1)(B). The September 26, 2025 scheduling conference was therefore vacated.
2. Plaintiff must, within 14 days after entry of the order, file either proofs of service or a status report concerning service on Tanya L. Brown, M.D. and Daniel Chen, M.D.; further service is not permitted without leave of court upon a showing of good cause.
3. Plaintiff may file a third amended complaint naming Wellpath, LLC, Wellpath Management, Inc., and the Wellpath Liquidating Trust as nominal defendants within 14 days after entry of the order. Further amendment or joinder requires leave of court and a showing of good cause, and requests to amend must also satisfy the applicable Rule 15(a) considerations.
4. After the schedule becomes final, it may be modified only by leave of court upon a showing of good cause; party stipulations alone do not modify scheduling requirements or applicable rules.

Questions Presented

1. Whether the court could issue an amended scheduling order without conducting the previously scheduled scheduling conference.
2. What deadlines and procedures should govern service of process, amendment and joinder of parties, discovery, motions, settlement, and pretrial proceedings after the automatic stay was lifted.

Disposition

other