Jason Call v. SA Matt Badgley et al

Filing 68

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 66 MOTION FOR LEAVE TO EXTEND TIME FOR FILING SECOND AMENDED COMPLAINT. (ndrS, COURT STAFF) (Filed on 11/10/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JASON CALL,

Case No. 15-cv-03353-HSG

Plaintiff,
8
v.
9
10

SA MATT BADGLEY, et al.,
Defendants.

ORDER GRANTING MOTION FOR
LEAVE TO EXTEND TIME FOR
FILING SECOND AMENDED
COMPLAINT
Re: Dkt. No. 66

United States District Court
Northern District of California

11
12
Pending before the Court is Plaintiff Jason Call’s motion for leave to extend time to file a

13
14

second amended complaint (“SAC”). Dkt. No. 66.

15

Under Federal Rule of Civil Procedure 6(b)(1)(B), the Court may, for good cause, extend

16

time if a party has failed to act because of excusable neglect. To determine whether Plaintiff has

17

shown excusable neglect, the Court considers four factors: (1) the danger of prejudice to the

18

nonmoving parties; (2) the length of the delay; (3) the reason for the delay; and (4) whether the

19

moving party acted in good faith. See Linder v. Bridge, No. 14-CV-03861 SC, 2015 WL

20

1778608, at *2 (N.D. Cal. Apr. 17, 2015) (citing Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd.

21

P’ship, 507 U.S. 380, 395 (1993)).
Having reviewed Plaintiff’s motion and the County Defendants’ declaration in opposition,

22
23

the Court finds that leave to file the SAC is warranted here. Plaintiff’s counsel has established

24

that she acted diligently upon discovering her mistake, and the Court finds no evidence of bad

25

faith. In addition, the Court finds minimal risk of prejudice to the nonmoving parties given that

26

Plaintiff’s SAC is less than two months late and all parties were aware that Plaintiff had been

27

given leave to file an SAC.

28

//

1
2
3
4
5
6

Accordingly, the Court GRANTS Plaintiff’s motion for leave to extend time to file an
SAC. Plaintiff may file the SAC by November 14, 2016.
IT IS SO ORDERED.
Dated: 11/10/2016
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2