Calloway v. Kelley et al
Filing
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ORDER DENYING Plaintiff's 68 Motion Amend Scheduling Order, signed by Magistrate Judge Stanley A. Boone on 11/17/14. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMISI JERMAINE CALLOWAY,
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Plaintiff,
v.
G. KELLEY, et al.,
Defendants.
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Case No.: 1:11-cv-01090-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
AMEND SCHEDULING ORDER
[ECF No. 68]
Plaintiff Jamisi Jermaine Calloway is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion to amend the scheduling order to extend
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the date to amend the pleadings, filed October 2, 2014. Although Defendants did not file an
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opposition to Plaintiff’s request, it must be denied on the basis of lack of good cause.
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Modification of the pretrial scheduling order requires a showing of good cause. Fed. R. Civ. P.
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16(b)(4). AThe schedule may be modified >if it cannot reasonably be met despite the diligence of the
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party seeking the extension.=@ Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th
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Cir. 2002) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992)). AIf
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the party seeking the modification >was not diligent, the inquiry should end= and the motion to modify
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should not be granted.@ Id.
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On April 15, 2014, the Court issued an amended discovery and scheduling order, which set the
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deadline to amend the pleadings as October 13, 2014.
In the instant motion, Plaintiff fails to demonstrate good cause to justify amendment of the
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scheduling order to extend the date to amend the pleadings. The only basis provided by Plaintiff is
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that discovery may lead to Defendants not yet known to Plaintiff. Such conclusory allegations are
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insufficient, at this juncture, to warrant extension of the date to amend the pleadings.
Accordingly, Plaintiff’s request to extend the deadline to amend the pleadings is DENIED.
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IT IS SO ORDERED.
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Dated:
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November 17, 2014
UNITED STATES MAGISTRATE JUDGE
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