Taylor v. Autozone, Inc.

Filing 85

ORDER granting 62 Motion to Modify the Scheduling Order. Paragraph 6 of the Rule 16 Scheduling Order (doc. 22) is amended to provide that all discovery must be completed by October 21, 2011. (See document for full details). Signed by Judge Frederick J Martone on 6/10/11.(LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael L. Taylor, on behalf of himself)
and other persons similarly situated, et al.,)
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Plaintiffs,
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vs.
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Autozone, Inc. et al.,
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Defendants.
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No. CV-10-8125-PCT-FJM
ORDER

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We have before us plaintiffs’ motion (doc. 62) to modify the Rule 16 scheduling order

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(doc. 22). Defendant has not responded. Plaintiffs request that we extend the discovery

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cutoff date from August 31, 2011 to October 21, 2011, 150 days after the date of our order

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conditionally certifying the class (doc. 67).

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We may modify a Rule 16 schedule only upon a showing of “good cause.” Fed. R.

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Civ. P. 16(b)(4). The “‘good cause’ standard primarily considers the diligence of the party

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seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th

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Cir. 1992). We may modify the order only “if it cannot reasonably be met despite the

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diligence of the party seeking the extension.” Zivkovic v. Southern California Edison Co.,

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302 F.3d 1080, 1087 (9th Cir. 2002).

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Plaintiffs filed their motion for conditional class certification on November 30, 2010,

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and the motion was fully briefed on December 27, 2010. Because of an especially busy

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period for the court, we did not issue our order conditionally certifying the class until May

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24, 2011 (doc. 67).

The time needed to produce potential class members’ contact

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information and send notice to potential class members, as well as the opt-in period, leaves

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the parties with little opportunity for plaintiff-specific discovery. We therefore conclude that

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there is good cause to extend the discovery cutoff deadline to October 21, 2011.

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Neither this extension, nor its consequences, will be grounds for further modification

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of the Rule 16 schedule, including the dispositive motion deadline of September 30, 2011.

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The parties are advised to complete relevant discovery sooner rather than later.

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IT IS ORDERED GRANTING plaintiffs’ motion to modify the scheduling order

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(doc. 62). Paragraph 6 of the Rule 16 Scheduling Order (doc. 22) is amended to provide that

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all discovery must be completed by October 21, 2011.
DATED this 10th day of June, 2011.

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