De Santos v. Jaco Oil Company

Filing 21

ORDER GRANTING IN PART Stipulation to Amend Case Schedule (Doc. 20 ), Signed by Magistrate Judge Jennifer L. Thurston on 3/9/2015. Expert Discovery Deadline: 6/30/15; Expert Disclosure Deadline: 5/15/15; Rebuttal Expert Disclosure Deadline: 6/3/15; Non-dispositive Motions re Class Discovery Deadline: 7/8/15, to be heard no later than 8/5/15. The request to amend the case schedule to extend the deadline to file amendments is DENIED. No further amendments are authorized. (Arellano, S.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA DE SANTOS, on behalf of herself and )
all other similarly situated,
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Plaintiff,
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v.
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JACO OIL COMPANY,
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Defendant.
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Case No.: 1:14-CV-00738 -JLT
ORDER GRANTING IN PART STIPULATION
TO AMEND CASE SCHEDULE
(Doc. 20)

Before the Court is the stipulation of counsel to extend the deadlines related to nonexpert and
expert discovery. (Doc. 20) Counsel report that they engaged in a failed mediation but would like to
continue discussing settlement without the need to make ongoing discovery efforts. Id. at 2. Thus,
they request a 30-day extension on the deadlines. Id. at 2-3.
Counsel are reminded that, generally, the desire to conduct settlement negotioations is not
considered good cause to amend the case schedule in that desire to make these efforts are reasonably
anticipated at the time of the making of the case schedule. Jackson v. Laureate, Inc., 186 F.R.D. 605,
608 (E.D. Cal. 1999) [Case schedules may be amended based upon “the development of matters which
could not have been reasonably foreseen or anticipated at the time of the Rule 16 scheduling
conference.”]
On the other hand, Plaitniff offers no explanation why she cannot seek the requested
amendment within the current deadlines. (Doc. 20 at 2) Indeed, seemingly, she has in her possession
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the factual predicate for the amendment. Id. Thus, the Court is unclear why this amendment should

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wait until just before the close of discovery. Importantly, the Court has granted an extension of time to

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allow the amendment already. (Doc. 15) Thus, this request is DENIED.

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However, because the proposed amendment will not impact the class certification motion, the
Court will GRANT the request IN PART:
1.

The request to amend the case schedule is GRANTED as follows:

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A.

All expert discovery SHALL be completed no later than 6/30/15;

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B.

All experts SHALL be disclosed no later than 5/15/15 and any rebuttal experts

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disclosed no later than 6/3/15;
C.

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Any nondispositive motions related to class discovery SHALL be filed no later

than 7/8/15 and heard no later than 8/5/15.
2.

The request to amend the case schedule to extend the deadline to file amendments is

DENIED;
3.

No further amendments, including amendments related to the anticipated class

certification motion, are authorized.

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IT IS SO ORDERED.
Dated:

March 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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