VARDANYAN v. MOROYAN, 5:12-cv-05645 HRL. (2014)
Court: District Court, N.D. California
Number: infdco20141219939
Visitors: 2
Filed: Dec. 18, 2014
Latest Update: Dec. 18, 2014
Summary: ORDER DENYING DEFENDANTS' REQUEST TO FILE BELATED SUMMARY JUDGMENT MOTION [Re: Dkt. No. 110] HOWARD R. LLOYD, Magistrate Judge. By letter dated December 8, 2014, defendants request leave to file a summary judgment motion. Under the court's scheduling order, the deadline for filing dispositive motions lapsed nearly one year ago. (Dkt. 66). Defendants have not demonstrated diligence for their extremely tardy request. Fed. R. Civ. P. 16(b)(4); Johnson v. Mammoth Recreations, Inc., 975 F.2d 60
Summary: ORDER DENYING DEFENDANTS' REQUEST TO FILE BELATED SUMMARY JUDGMENT MOTION [Re: Dkt. No. 110] HOWARD R. LLOYD, Magistrate Judge. By letter dated December 8, 2014, defendants request leave to file a summary judgment motion. Under the court's scheduling order, the deadline for filing dispositive motions lapsed nearly one year ago. (Dkt. 66). Defendants have not demonstrated diligence for their extremely tardy request. Fed. R. Civ. P. 16(b)(4); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604..
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ORDER DENYING DEFENDANTS' REQUEST TO FILE BELATED SUMMARY JUDGMENT MOTION
[Re: Dkt. No. 110]
HOWARD R. LLOYD, Magistrate Judge.
By letter dated December 8, 2014, defendants request leave to file a summary judgment motion. Under the court's scheduling order, the deadline for filing dispositive motions lapsed nearly one year ago. (Dkt. 66). Defendants have not demonstrated diligence for their extremely tardy request. Fed. R. Civ. P. 16(b)(4); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) ("Rule 16(b)'s `good cause' standard primarily considers the diligence of the party seeking the amendment. . . .If that party was not diligent, the inquiry should end."). Moreover, the court is unable to determine from defendants' request whether proceeding with dispositive motion proceedings at this late stage of the litigation truly would be a sensible or efficient use of the court's and the parties' time and resources. Request denied.
SO ORDERED.
Source: Leagle
