JAMES A. TEILBORG, District Judge.
Pending before the Court is Plaintiff Isaiah Hoover's ("Plaintiff") Motion for Extension of Time to Amend Complaint. (Docs. 40; 41). Although Defendant Swift Transportation Company ("Defendant") has not responded, in the interest of efficiency and promptly resetting the deadline, the Court will now rule on the motion.
On November 19, 2019, this Court entered an order partially granting Defendant's motion to dismiss because Plaintiff's own allegations indicated that he filed his Title VII claims outside the applicable ninety-day statute of limitations. (Doc. 39 at 4-5). Given that Plaintiff could possibly plead facts tolling the statute of limitations, however, the Court granted Plaintiff leave to amend his complaint to affirmatively plead such facts. (Id. at 5). The Court gave the Plaintiff 14 days to exercise that option. (Id. at 9). As of December 3, 2019, Plaintiff had not done so. On December 9, 2019, Plaintiff filed a motion requesting additional time to amend his complaint. (Doc. 40). Plaintiff asserts an extension is justified because his noncompliance was attributable to the post office's alleged failure to timely deliver his mail. (Doc. 41 at 1). "Ironically," Plaintiff explains, "the date my letter was received was on the final day the courts gave me to amend my complaint." (Id. at 1-2).
By rule, "[w]hen an act may or must be done within a specified time, the court may, for good cause, extend time." Fed. R. Civ. P. 6(b)(1). Where, as here, the motion is made after the relevant deadline has expired, the court should grant the extension only upon finding excusable neglect. Fed. R. Civ. P. 6(b)(1)(B). "[D]etermining what sorts of neglect will be considered `excusable'" generally calls for an equitable inquiry, "taking account of all relevant circumstances surrounding the party's omission." Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380, 395 (1993). The Court must assess "the danger of prejudice to the [nonmovant], the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith." Id.; see also Kettle Range Conservation Grp. v. U.S. Forest Serv., 8 F. App'x 729, 732 (9th Cir. 2001) ("Failure to consider the `Pioneer factors'. . . constitutes an abuse of discretion.").
Considering the Pioneer factors, the Court will exercise its discretion to grant Plaintiff an extension. Although Plaintiff's claim that he did not receive notice of this Court's prior order until after the deadline expired may appear unlikely,
Based on the foregoing,