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)

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-