Regional Care Services Corporation, et al v. Companion Life Insurance Company
Filing
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ORDER denying 56 Motion to Extend Discovery Deadlines, etc. (See document for full details). Signed by Magistrate Judge Lawrence O Anderson on 11/21/11.(LAD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Regional Care Service Corporation, an)
Arizona corporation; Regional Care)
Services Corporation Health and Welfare)
Employee Benefit Plan,
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Plaintiffs,
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vs.
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Companion Life Insurance Company, )
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Defendant.
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No. CV-10-2597-PHX-LOA
ORDER
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This matter arises on Defendant’s Motion to Extend Discovery Deadlines etc., which
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also includes a request to extend the dispositive motion and cross-motion deadlines, seeking
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an extension of the Rule 16 deadlines from November 30, 2011 to January 20, 2011 on
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discovery, the dispositive motion deadline from December 30, 2011 to February 24, 2012;
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and extend the Cross-Motion for Summary Judgment deadline from January 31, 2012 to
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March 23, 2012. (Doc. 56)
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The Motion indicates “[c]ounsel has encountered difficulties in locating certain
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necessary third-party witnesses and compelling their depositions. The witnesses in this case
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are spread across the country in Casa Grande, Arizona; Yuma, Arizona; Cape Coral, Florida;
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and New Mexico.” (Id. at 2) It also informs the Court that “[D]r. John and Jesica Gietzen
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(through counsel, Steve Guy with Snell & Wilmer), have indicated that they are not available
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for depositions until the first week of December, and that they will move for a protective
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order if counsel seek their depositions before that time.” (Id.) According to an attached
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email, Plaintiffs’ counsel does not oppose an extension of the discovery deadline. (Doc. 56-1,
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Exhibit A at 2)
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At the January 27, 2011 scheduling conference, the Court stressed to counsel that the
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deadlines in the scheduling order were “real, firm, and, consistent with the undersigned’s
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responsibilities mandated by Congress in the Civil Justice Reform Act of 1990, 28 U.S.C. §
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471 et seq., will not be altered except upon a showing of good cause and by leave of the
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assigned trial judge.” (Doc. 17 at 2) (emphasis in original; footnote omitted). Further, counsel
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were notified that “[t]he Court intends to enforce the deadlines in this Order. Counsel should
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plan their litigation activities accordingly.” (Id.) With this firmness in mind and the active
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participation of counsel, the Court fashioned mutually agreed-upon deadlines for the fair and
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reasonably expeditious resolution of this case which were, in fact, more generous that the
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discovery and dispositive motion deadlines initially requested in the parties’ proposed Joint
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Case Management Report, doc. 14, filed on January 18, 2011.
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Federal Rule of Civil Procedure 16(b)’s “good cause” standard primarily considers
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the diligence of the party seeking the amendment. Johnson v. Mammoth Recreations, Inc.,
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975 F.2d 604, 607-08 (9th Cir. 1992). A district court may modify the pretrial schedule “if
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it cannot reasonably be met despite diligence of the party seeking the extension.” Id. at 608;
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Fed.R.Civ.P. 16 advisory committee’s notes (1983 amendment). “Good cause” means the
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Rule 16 scheduling deadlines cannot be met despite the party’s diligence, citing Miller &
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Kane, Federal Practice and Procedure § 1522.1 at 231 (2d ed. 1990). Id.
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Glaringly absent from Defendant’s extension request is a demonstration of the due
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diligence exercised by Defendant to comply with the scheduling order’s November 30, 2011
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discovery deadline. The sterile docket reflects that no substantive depositions were taken
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before November 2, 2011 when a flurry of deposition notices and amended notices were
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filed setting depositions for mid-November, 2011. (Docs. 47-54) Defendant’s extension
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motion was filed on November 14, 2011 when it became apparent that by waiting to the last
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month to conduct deposition discovery, Defendant encountered unexpected difficulties to
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meet the discovery deadline.
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Counsel have known since, at least, late January, 2011, that the Ninth Circuit and its
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district courts require the Rule 16 deadlines “to be taken seriously.” Janicki Logging Co. v.
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Mateer, 42 F.3d 561, 566 (9th Cir. 1994). As this Magistrate Judge has previously written
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by analogy to Rule 4(m), “[t]o hold that good cause has been shown here ‘would allow the
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good cause exception to swallow the rule.’” Williams v. City of Mesa, 2010 WL 2803880,
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* 1 (D.Ariz. Jul 15, 2010) (quoting Townsel v. County of Contra Costa, 820 F.2d 319, 320
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(9th Cir. 1987)). “In these days of heavy case loads, trial courts . . . set schedules and
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establish deadlines to foster the efficient treatment and resolution of cases.” Hostnut.Com,
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Inc. v. Go Daddy Software, Inc., 2006 WL 1042335, * 1 (D.Ariz. April 19, 2006) (quoting
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Wong v. Regents of the Univ. of Cal., 410 F.3d 1052, 1060 (9th Cir. 2005) (internal quotation
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marks omitted). “The parties must understand that they will pay a price for failure to comply
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strictly with scheduling and other orders. . . .” Id. See also, Gomez-Silva v. Jackson Nat. Life
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Ins. Co., 2011 WL 1656507 (D.Ariz. May 03, 2011) (motion for summary judgment
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untimely filed beyond the dispositive motion deadline and Plaintiff has not shown good
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cause for extending the deadline. Plaintiff’s motion was stricken); Rogers v. Brauer Law
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Offices, PLC, 2011 WL 3665346 (D.Ariz., August 22, 2011) (discovery motion filed two
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months after the close of discovery untimely); Ross v. Excel Group Flexible Ben. Plan, 2008
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WL 4567229 (D.Ariz. Oct.14, 2008) (plaintiff’s motion to compel denied because his
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discovery requests were untimely filed less than 30 days before the Rule 16 completion of
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discovery deadline).
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Accordingly,
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IT IS ORDERED that Defendant’s Motion to Extend Discovery Deadlines etc., doc.
56, is DENIED.
Dated this 21st day of November, 2011.
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