Somoza-Vega v. Ryan et al

Filing 29

ORDER denying 28 parties' Stipulated motion to extend the Rule 16 discovery and dispositive motion deadlines. Plaintiff must prosecute his case or this action may be dismissed for lack of prosecution. Signed by Magistrate Judge Lawrence O Anderson on 8/9/13. (LSP)

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Somoza-Vega v. Ryan et al 1 Doc. 29 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Erick Somoza-Vega, 9 Plaintiff, 10 vs. 11 12 13 14 CO II Larry Brown, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. CV-12-1618-PHX-SRB (LOA) ORDER 15 This matter arises on another Stipulation to extend the case management’s deadlines 16 which the Court deems to be a joint motion to extend the Rule 16 case management 17 deadlines. (Doc. 28) On July 3, 2013, the Court reluctantly extended most of the case 18 management deadlines, in which “counsel [were] forewarned there will not be any further 19 extensions of the case management deadlines in this case. These deadlines are real, firm, 20 and, consistent with the Civil Justice Reform Act of 1990, 28 U.S.C. § 471 et seq., will not 21 be altered. Thus, counsel must plan their litigation activities accordingly. See Hostnut.Com, 22 Inc.v. Go Daddy Software, Inc., 2006 WL 2573201, at *1 (D. Ariz. Sept. 6, 2006).” (Doc. 25 23 at 3) The motion fails to explain why another modification is necessary, and, more 24 importantly, why the recently-modified pretrial schedule “[c]annot reasonably be met despite 25 diligence of the party seeking the extension.” Johnson v. Mammoth Recreations, Inc., 975 26 F.2d 604, 608 (9th Cir. 1992). Clearly, one or both counsel have failed to heed the Ninth 27 Circuit’s directive that the deadlines of “Federal Rule of Civil Procedure 16 [are] to be taken 28 seriously.” Janicki Logging Co. v. Mateer, 42 F.3d 561, 566 (9th Cir. 1994) Dockets.Justia.com 1 The Court will not repeat here the background and case law already detailed in its July 2 3, 2013 Order, except to note the motion fails to establish the requisite good cause for 3 extending the current Rule 16 deadlines. The case management deadlines have been twice 4 modified. (Docs. 15, 25) There will not be another. 5 Having failed to demonstrate good cause, 6 IT IS ORDERED that the parties’ stipulated motion to extend the Rule 16 discovery 7 and dispositive motion deadlines, doc. 28, is DENIED. Plaintiff must prosecute his case or 8 this action may be dismissed for lack of prosecution pursuant to Rule 41(b), Fed.R.Civ.P. 9 Dated this 9th day of August, 2013. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-