Alowdi v. Able Building Services et al

Filing 30

ORDER DENYING AMENDMENT TO CASE MANAGEMENT ORDER. Signed by Judge Alsup on February 16, 2010. (whalc2, COURT STAFF) (Filed on 2/16/2010)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ABLE BUILDING SERVICES d/b/a ABM, MANILO GARCIA, and ROBERT ESQUADA, Defendants. / ORDER DENYING AMENDMENT TO CASE MANAGEMENT ORDER FOAD ALOWDI, Plaintiff, No. C 09-01258 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Pursuant to the case management order entered in this matter, the deadline to amend the pleadings was September 30, 2009. That deadline is now long since passed and trial is scheduled to begin on July 12, 2010. Now the parties have stipulated to seek leave to amend the case management order to permit plaintiff to file a fourth amended complaint. They also seek to adjust the trial date and other pretrial deadlines. This would be a disruption to the orderly scheduling of the case. Rule 16(b)(4) provides that leave to amend following entry of the case management order may be granted only upon a showing of "good cause" for the delay and with the judge's consent. This good cause standard "primarily considers the diligence of the party seeking the amendment." Coleman v. Quaker Oats, 232 F.3d 1271, 1294 (9th Cir. 2000). The parties' stipulation does not provide a reason that the amendment should be

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

allowed except for the agreement of the parties. This is insufficient. Lack of good cause shown, the request to amend is DENIED without prejudice to trying again.

IT IS SO ORDERED.

Dated: February 16, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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