Pickup, et. al. v. Brown, et. al.

Filing 125

ORDER signed by Judge Kimberly J. Mueller on 10/16/2015 GRANTING the 124 request nun pro tunc, but cautions counsel that any further requests for extensions of time will not be granted absent a showing of good cause. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID PICKUP, et al.,

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Plaintiff,
v.

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ORDER

EDMUND G. BROWN, et al.

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No. 2:12-cv-02497-KJM-EFB

Defendant
and
EQUALITY CALIFORNIA,
Defendant-Intervenor.

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On October 4, 2012, plaintiffs filed their complaint seeking declaratory relief,

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preliminary and permanent injunctive relief, and damages arising from California’s passage of

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Senate Bill No. 1172 (“SB1172”). (ECF No. 1.) On November 20, 2014, defendants filed a

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motion to dismiss the claims remaining after the Ninth Circuit’s decision in Pickup v. Brown, 740

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F.3d 1208 (9th Cir.), cert. denied, ___ U.S. ___, 134 S. Ct. 2871 (2014). (ECF No. 123.) On

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September 16, 2015, the court granted defendants’ motion to dismiss plaintiffs’ complaint with

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leave to amend. Id. Plaintiffs’ current deadline to file an amended complaint was October 7,

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2015. Plaintiffs filed a timely stipulation seeking an extension of twenty-one (21) days, to and

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including October 28, 2015. (ECF No. 124.)
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A pretrial scheduling order may be modified if a party, despite its diligence, cannot

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reasonably be expected to meet the order's deadlines. Johnson v. Mammoth Recreations, Inc.,

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975 F.2d 604, 609 (9th Cir. 1992). When a party requests changes to the scheduling order, the

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court's inquiry focuses on that party's honest attempt to comply; the party must demonstrate his

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“diligence,” the common antonym for carelessness, questionable strategy, and delay. See, e.g.,

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Calderon v. Target Corp., No. 12–1781, 2013 WL 4401430, at *7 (S.D. Cal. Aug.15, 2013);

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Alibaba.com H.K. Ltd. v. P.S. Prods., 2012 U.S. Dist. LEXIS 36749, at *5–6 (N.D. Cal. Mar. 19,

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2012); Eckert Cold Storage, Inc. v. Behl, 943 F.Supp. 1230, 1233 (E.D. Cal. 1996). Prejudice to

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another party may reinforce the court's decision to deny leave to amend, but Rule 16's standard

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“primarily considers the diligence of the party seeking the amendment.” Johnson, 975 F.3d at

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609. The court's decision is one of discretion. Miller v. Safeco Title Ins. Co., 758 F.2d 364, 369

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(9th Cir. 1985).

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The court GRANTS the request nun pro tunc, but cautions counsel that any further

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requests for extensions of time will not be granted absent a showing of good cause. Good cause

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is generally not established by showing preoccupation with other matters or a busy schedule.

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Dunfee v. Truman Capital Advisors, LP, No. 12–1925, 2013 WL 5603258, at *4 (S.D. Cal. Oct.

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11, 2013).

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IT IS SO ORDERED.
DATED: October 16, 2015

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UNITED STATES DISTRICT JUDGE

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