Piland, et al. v. Markwort Sporting Goods Company, et al.

Filing 33

ORDER signed by William H Orrick, III on 10/5/2017 GRANTING 26 Motion to Amend. Plaintiff shall e-file their First Amended Complaint within 10 days of the date of this order. (Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK PILAND and ANDREA PILAND,

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Plaintiffs,

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ORDER GRANTING PLAINTIFFS'
MOTION FOR LEAVE

v.

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MARKWORT SPORTING GOODS
COMPANY D/B/A GAME FACE, D/B/A
GAMEFACE.COM, et al.

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Re: Dkt. No. 27

Defendants.

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United States District Court
Eastern District of California

Case No. 16-cv-01782-WHO

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Plaintiffs seek leave to amend to add a claim for punitive damages against Defendant

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Markwort and facts in support thereof. Dkt. No. 27.1 Plaintiffs argue that their ability to take

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depositions of key third-party witnesses, and thereby uncover the facts they contend support a

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claim for punitive damages against Markwort, was impeded by defendants’ unduly delayed

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discovery responses. Dkt. Nos. 27, 32.
Defendant Markwort opposes, arguing that plaintiffs have failed to show good cause for

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leave to amend, as required under Rule 15 because the Rule 16 pretrial deadline for amending the

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complaint has passed. Markwort contends that plaintiffs have not been diligent in both seeking

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discovery and then in working with Markwort to narrow overbroad discovery requests. It asserts

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that the recent depositions (where plaintiffs allegedly uncovered the facts supporting a claim for

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punitive damages) were for individuals who were either disclosed back at the end of 2016 or

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whose identify could readily have been determined from discovery responses produced in 2016.

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Dkt. No. 31.
Plaintiffs’ motion for leave to make the limited amendment they seek is GRANTED. It

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The October 11, 2017 hearing on plaintiffs’ motion is VACATED.

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appears that both sides bear responsibility for the slow pace of discovery in this case. Plaintiffs

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moved promptly to amend following the conclusion of the relevant third-party depositions. There

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is no prejudice to Markwort from allowing the amendment. Plaintiffs shall e-file their proposed

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First Amended Complaint within ten (10) days of the date of this Order.

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IT IS SO ORDERED.
Dated: October 5, 2017

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William H. Orrick
United States District Judge

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United States District Court
Eastern District of California

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