The National Grange of the Order of Patrons of Husbandry v. California State Grange

Filing 28

ORDER signed by Senior Judge William B. Shubb on 1/14/2015 DENYING 26 Defendant's Motion to Modify Status (Pretrial Scheduling) Order. (Kirksey Smith, K)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 ----oo0oo---- 10 11 12 13 THE NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY, a District of Columbia nonprofit corporation, 16 17 18 19 20 21 22 23 24 25 26 27 ORDER RE: MOTION TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER Plaintiff, 14 15 CIV. NO. 2:14-676 WBS DAD v. CALIFORNIA STATE GRANGE, a California corporation, Defendant. ----oo0oo---Defendant California State Grange moves to modify the court’s July 3, 2014 Status (Pretrial Scheduling) Order pursuant to Federal Rule of Civil Procedure 16(b) on the basis that discovery has not proceeded as quickly as originally anticipated and that defendant’s annual convention and business meeting conflicts with the current trial date of October 14, 2015. (Def.’s Mem. at 3-4 (Docket NO. 26-1)); Fed. R. Civ. P. 16(b)(4) (“A schedule may be modified only for good cause and with the 28 1 1 judge’s consent.”). 2 Patrons of Husbandry opposes the motion. 3 (Docket No. 27).) 4 Plaintiff National Grange of the Order of (See Pl.’s Opp’n The court finds modification of the trial date 5 inappropriate at this time. Given the early stage of this 6 litigation and the substantial amount of time between now and the 7 trial date of October 14, 2015, modification would do little to 8 secure a certain trial schedule. 9 allow the parties and the court to develop their calendars and Delaying modification will 10 more efficiently schedule trial to avoid conflicts. 11 may renew its motion at a later date if appropriate. 12 Defendant Moreover, defendant’s current motion has failed to show 13 good cause for a modification. 14 date for more than six months and has failed to show any attempt 15 to avoid a conflict with its annual convention and business 16 meeting. 17 insufficient to delay resolution of this matter. 18 Defendant had notice of the trial Without more, the court finds defendant’s argument Requests to modify all other dates and deadlines, 19 including those related to discovery, shall be made to the 20 assigned Magistrate Judge in accordance with this court’s 21 instructions. 22 Order at 5.) 23 (See July 3, 2014 Status (Pretrial Scheduling) IT IS THEREFORE ORDERED that defendant California State 24 Grange’s motion to modify the court’s Status (Pretrial 25 Scheduling) Order be, and the same hereby is, DENIED. 26 Dated: January 14, 2015 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?