Dale v. Fernandez et al

Filing 71

ORDER DENYING 64 Motion for Extension of Time to Complete Discovery. Signed by Judge Jeffrey S. White on March 8, 2012. (jswlc3, COURT STAFF) (Filed on 3/8/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 DEXTER E. DALE, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 05-01842 JSW v. ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO EXTEND DISCOVERY AND AMEND SCHEDULING ORDER L. FERNANDEZ and L. LOUGH, Defendants. / 14 15 This matter comes before the Court upon consideration of the motion for leave to extend 16 discovery and amend the scheduling order, filed by Plaintiff Dexter E. Dale (“Dale”). The 17 matter is now ripe for decision. The Court has considered the parties’ papers, relevant legal 18 authority, and the record in this case, and it finds the matter suitable for disposition without oral 19 argument. See N.D. Civ. L.R. 7-1(b). The Court HEREBY DENIES Dale’s motion. 20 Dale moved for an extension of the discovery deadlines in part because the parties had 21 been unable to schedule certain depositions. That issue was resolved by stipulation. (See 22 Docket No. 68.) The deadline to complete discovery was March 1, 2012, and the deadline to 23 complete expert discovery is April 1, 2012. Although Defendants oppose Dale’s motion on the 24 basis that he seeks to extend discovery for an unlimited period of time, that is not the case. Dale 25 asks that the Court extend fact discovery by approximately two months and expert discovery by 26 approximately one month, until May 4, 2012. However, the Court concludes that Dale has not 27 met his burden to show good cause for extending these deadlines. 28 1 The parties will have completed the depositions that precipitated the filing of the motion 2 by March 9, 2012, and, thus, Dale will have at least three weeks before expert discovery is 3 closed to have his expert review the materials. 4 Accordingly, the Court DENIES the motion. 5 IT IS SO ORDERED. 6 7 Dated: March 8, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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