Toyrrific LLC v. Edvin Karapetian et al
ORDER DENYING EX PARTE APPLICATION TO AMEND the Courts scheduling order 47 by Judge Otis D. Wright, II: (lc) .Modified on 3/19/2013 (lc).
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 2:12-cv-04499-ODW(Ex)
ORDER DENYING EX PARTE
APPLICATION TO AMEND 
EDVIN KARAPETIAN, EDWARD
MINASYAN, LENA AMERKHANIAN,
and EDO TRADING, INC.,
The Court has received Plaintiff Toyrrific, LLC’s ex parte application to amend
the Court’s scheduling order (ECF No. 47), which is based largely on the assertion
that several of Defendants discovery responses were deficient. But the discovery cut-
off in this matter was March 11, 2013 (ECF No. 39), and Toyrrific filed this
application on March 18—an entire week after the close of discovery. As the Court’s
Scheduling Order prominently notes, the discovery cut-off date “IS NOT THE
DATE BY WHICH DISCOVERY REQUESTS MUST BE SERVED; IT IS THE
DATE BY WHICH ALL DISCOVERY MUST BE COMPLETED.” (Id. at 2
(emphasis in original).) Because it seeks to amend the Scheduling Order based in part
“on the need for Motions to Compel Discovery,” Toyrrific has waited too long to
bring these discovery issues before the Court.
The Court recognizes that Toyrrific’s current counsel substituted into this case
on December 19, 2012, and may have faced challenges in catching up to speed on the
case. But counsel could have sought a stipulation to continue the discovery cut-off
date or petitioned the Court for an extension any time within the three months that
elapsed between the time that counsel received the case and the close of discovery.
As a result, Toyrrific cannot establish that it “is without fault in creating the crisis that
requires ex parte relief, or that the crisis occurred as a result of excusable neglect.”
Mission Power Eng’g Co. v. Cont’l Casualty Co., 883 F. Supp. 488, 492 (C.D. Cal.
1995). Toyrrific’s request is therefore DENIED as untimely.
IT IS SO ORDERED.
March 18, 2012
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
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