Young v. Cate

Filing 41

ORDER signed by Judge Kimberly J. Mueller on 10/3/12 re 39 Ex Parte Application filed by Ryan Young; In light of defendant's apparent willingness to stipulate to a modification of the court's pretrial scheduling order, plaintiff is hereby ORDERED to seek such a stipulation from defendant. The parties shall file a joint status report within 10 days of the entry of this order, in which they shall indicate whether they have been able to reach such a stipulatio n. If a stipulation is not reached, plaintiff may seek leave of this court to file a request for modification of the pretrial scheduling order which shall address and apply Federal Rule of Civil Procedure 16(b)(4) and relevant case law. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RYAN YOUNG,
Plaintiff,

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No. CIV S-11-2491 KJM-JFM

vs.

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MATTHEW CATE, in his capacity as the
Secretary of the California Department of
Corrections and Rehabilitation,

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Defendant.

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ORDER

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This matter comes before the court upon plaintiff’s ex parte application for an

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extension of time to notice its motion for class certification. (ECF 39.) This is plaintiff’s second

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request for an extension of time related to class certification. (See ECF 34.)

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In its status (pretrial scheduling) order, issued on February 22, 2012, the court

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ordered the parties to appear at a further status conference on June 28, 2012. (ECF 28.) At this

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further status conference, the court granted plaintiff leave to file a request to extend the

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discovery cutoff. (ECF 33.) Plaintiff filed said request on July 13, 2012. (ECF 34.) The court

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granted plaintiff’s request, extending the cutoff of the first phase of discovery to August 23,

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2012, but leaving all other deadlines unchanged. (ECF 28.) These deadlines are as follows:

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second phase of discovery to be completed by December 3, 2012; dispositive motions heard by
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February 1, 2013; final pretrial conference set for March 21, 2013; and trial set for April 29,

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2013. (ECF 28.)

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Given these impending deadlines, plaintiff’s prior failure to move for

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modification of the court’s pretrial scheduling order suggests neglect. Plaintiff claims he is

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seeking only an extension of time to file his motion for class certification but in the same breath

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indicates he “need[s] additional time to interview and obtain declarations from a good number of

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[potential class members].” (ECF 39 at 4.) Plaintiff noticably does not ask the court to extend

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the cutoff for class certification discovery, which has come and gone.

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In light of defendant’s apparent willingness to stipulate to a modification of the

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court’s pretrial scheduling order, plaintiff is hereby ORDERED to seek such a stipulation from

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defendant. The parties shall file a joint status report within ten (10) days of the entry of this

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order, in which they shall indicate whether they have been able to reach such a stipulation. If a

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stipulation is not reached, plaintiff may seek leave of this court to file a request for modification

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of the pretrial scheduling order which shall address and apply Federal Rule of Civil Procedure

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16(b)(4) and relevant case law.

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IT IS SO ORDERED.
DATED: October 3, 2012.

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UNITED STATES DISTRICT JUDGE

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