Block v. Starbucks Corporation, et al.

Filing 41

ORDER Continuing Expert Discovery (Doc. 40 ), signed by District Judge Dale A. Drozd on 2/9/2017. (The 38 amended scheduling order is hereby modified to reflect that all expert discovery shall now be completed no later than 4/7/2017.) (Gaumnitz, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

HENDRIK BLOCK,

12
13
14
15
16
17
18

No. 15-cv-00991-DAD-EPG

Plaintiff,
v.

ORDER CONTINUING EXPERT
DISCOVERY

STARBUCKS CORPORATION, aka
STARBUCKS COFFEE COMPANY, dba
STARBUCKS STORE #7939;
MATHEWS AND ASSOCIATES-2, LLC,

(Doc. No. 40)

Defendants.
Before the court is the parties’ stipulation to continue expert discovery. (Doc. No. 40.)

19

Expert Kim Blackseth’s original deposition had been re-noticed for January 18, 2017. (Id. at ¶ 2.)

20

However, Mr. Blackseth was unexpectedly hospitalized on January 17, 2017. (Id.) The parties

21

have agreed to continue Mr. Blackseth’s deposition to April 5, 2017. (Id. at ¶ 3.)

22

Federal Rule of Civil Procedure 16(b)(4) provides, “a schedule may be modified only for

23

good cause and with the judge’s consent.” The focus of the “good cause” inquiry considers the

24

moving party’s diligence and reasons for seeking modification. Johnson v. Mammoth

25

Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

26

Accordingly, the court finds that good cause exists to continue the expert discovery

27

deadline to April 7, 2017 to accommodate the new date for Mr. Blackseth’s deposition. The

28

court’s amended scheduling order (Doc. No. 38) is hereby modified to reflect that all expert
1

1

discovery shall now be completed1 no later than April 7, 2017. All other dates, including those

2

for the last day for law and motion to be heard, pretrial conference and jury trial established by

3

the court’s December 22, 2016 amended scheduling order remain in full force and effect.

4

IT IS SO ORDERED.

5

Dated:

February 9, 2017
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

“Completed” in this sense means that any disputes which may arise with respect to expert
discovery be resolved, if necessary by the assigned magistrate judge, sufficiently far enough in
advance of the deadline that sufficient time remains after resolution of any dispute for the expert
discovery to be fully completed by the deadline set herein.
2