KOZACENKO v. MURRILL, 2:12-CV-2196 MCE DAD. (2015)
Court: District Court, E.D. California
Number: infdco20150217a63
Visitors: 18
Filed: Feb. 11, 2015
Latest Update: Feb. 11, 2015
Summary: STIPULATION FOR ORDER EXTENDING NON-EXPERT DISCOVERY CUTOFF BY THIRTY DAYS; AND ORDER MORRISON C. ENGLAND, Jr., Chief District Judge. COME NOW THE PARTIES by and through their respective attorneys and subject to the approval of this Court, hereby stipulate and respectfully request that the Court extend the non-discovery cut-off by thirty (30) days for good cause: • Non-expert discovery cut-off is currently set for April 8, 2015. Doc. 62, at 2:1-3. • Non-expert discovery cut-off be moved to M
Summary: STIPULATION FOR ORDER EXTENDING NON-EXPERT DISCOVERY CUTOFF BY THIRTY DAYS; AND ORDER MORRISON C. ENGLAND, Jr., Chief District Judge. COME NOW THE PARTIES by and through their respective attorneys and subject to the approval of this Court, hereby stipulate and respectfully request that the Court extend the non-discovery cut-off by thirty (30) days for good cause: • Non-expert discovery cut-off is currently set for April 8, 2015. Doc. 62, at 2:1-3. • Non-expert discovery cut-off be moved to Ma..
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STIPULATION FOR ORDER EXTENDING NON-EXPERT DISCOVERY CUTOFF BY THIRTY DAYS; AND ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
COME NOW THE PARTIES by and through their respective attorneys and subject to the approval of this Court, hereby stipulate and respectfully request that the Court extend the non-discovery cut-off by thirty (30) days for good cause:
• Non-expert discovery cut-off is currently set for April 8, 2015. Doc. 62, at 2:1-3.
• Non-expert discovery cut-off be moved to May 8, 2015
I. ARGUMENT
A. LEGAL STANDARD.
"A schedule may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b). A formal motion is not necessary. Adv. Comm. Notes to 1983 Amendment to Fed. R. Civ. P. 16(b). Good cause requires a showing of due diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A lesser showing of good cause is sufficient to modify the initial scheduling order entered early in the action than the showing required for a final pretrial conference order. Notes of Advisory Committee on Rule 16, 97 F.R.D. 165, 208.
B. GOOD CAUSE EXISTS TO MODIFY THE SCHEDULING ORDER TO EXTEND THE NON-EXPERT DISCOVERY CUT-OFF BY THIRTY DAYS
There is pending in this court two discovery matters, plaintiff's motion to compel defendant Murill to respond to deposition questions (Doc. 65) and defendants' motion to compel physical and mental examination (Doc. 64). Plaintiff is now represented by new counsel, who only recently appeared. Docs. 67, 68, 70, 71. The parties have reinitiated meet and confer efforts in attempts to resolve much if not all of the issues presented in the discovery motions. The parties have sought an order from the Magistrate Judge, by stipulation, to continue the hearing on the discovery motions to afford the parties additional time to do so. To allow new counsel and defendants' counsel to then proceed in accordance with the parties' resolution or the Court's resolution of the discovery motions, the parties request the thirty day extension of the non-expert discovery cut-off. This will also serve to allow new counsel to review their file to complete their discovery plan and allow defendants to do the same.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
Source: Leagle
