Online Guru Inc. v. Cartagz, Inc.

Filing 54

ORDER signed by District Judge Troy L. Nunley on 2/28/19 MODIFYING the following scheduling order dates: last date to hear dispositive Motions reset to 5/2/19, joint final pretrial conference statement reset to 8/15/19, Final Pretrial Conference reset to 8/22/19, and Trial reset to 10/28/19. All other dates remain unchanged. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ONLINE GURU INC.,
Plaintiff,

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v.
CARTAGZ, INC. aka CARTAGZ.COM; and
DOES 1-10, inclusive,

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Case No. 2:17-cv-01121-TLN-KJN
ORDER ON ONLINE GURU, INC.’S EX
PARTE APPLICATION TO MODIFY
SCHEDULING ORDER TO EXTEND
DISPOSITIVE MOTION HEARING
DEADLINE AND PRE-TRIAL
CONFERENCE AND TRIAL DATES

Defendants.
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Location: Courtroom 2, 15th Floor
Hon. Troy L. Nunley

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W A L TE RS L AW G ROU P
1901 FIRST AVENUE, SECOND FLOOR
SAN DIEGO, CA 92101

ORDER -- ONLINE GURU, INC.’S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER TO
EXTEND DEADLINES

The Court has reviewed Plaintiff/Counter-Defendant Online Guru, Inc.’s (“OG”) ex parte

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application to modify the Court’s June 11, 2018 scheduling order (ECF No. 32) to extend the

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dispositive motion hearing, pre-trial conference, and trial deadlines by sixty (60) days. (ECF No.

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52.) The Court has also reviewed Defendant Cartagz’s Opposition thereto. (ECF No. 53.)

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Scheduling orders may be modified under Federal Rule of Civil Procedure 16(b) upon a showing

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of good cause, which showing primarily focuses on the diligence of the requesting party. See

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Johnson v. Mammoth Recreations, 975 F.2d 604, 608-09 (9th Cir. 1992).

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The Court finds that OG has shown good cause to modify the scheduling order to extend
the dispositive motion and pre-trial and trial deadlines. The new information received January

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11, 2019 justifies OG’s albeit late request to extend the dispositive motion deadline and, as a

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result, the trial-related dates and deadlines as well. The Court acknowledges Cartagz’s argument

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that OG could have been more diligent in seeking the requested extension. Still, under the

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circumstances, the Court finds OG’s delay of a few weeks from January 11, 2019, when it

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received the subject letter, to February 8, 2019, when it reached out to Cartagz counsel, does not

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constitute a significant delay and does not reflect a lack of diligence on the part of OG’s counsel.
The following deadlines set forth in the Court’s June 11, 2018 Scheduling Order will be

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continued as follows. All other dates remain unchanged.

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W A L TE RS L AW G ROU P
1901 FIRST AVENUE, SECOND FLOOR
SAN DIEGO, CA 92101

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ORDER -- ONLINE GURU, INC.’S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER TO
EXTEND DEADLINES

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Deadline

Current Deadline

New Deadline

Last day to hear dispositive

February 21, 2019

May 2, 2019

June 6, 2019

August 15, 2019

June 13, 2019,

August 22, 2019

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motions

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Joint Final Pretrial Conference

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Statement

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Final Pretrial Conference

2:00 p.m.

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Trial

August 26, 2019,

October 28, 2019,

9:00 a.m.

9:00 a.m.

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IT IS SO ORDERED.

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Dated: February 28, 2019
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Troy L. Nunley
United States District Judge

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W A L TE RS L AW G ROU P
1901 FIRST AVENUE, SECOND FLOOR
SAN DIEGO, CA 92101

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ORDER -- ONLINE GURU, INC.’S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER TO
EXTEND DEADLINES