Alkhamaisi et al v. Katmai Health Servces, LLC et al

Filing 26

ORDER Granting in Part 18 Joint Motion to Extend Discovery and Pre-Trial Proceedings Deadlines and Setting Forth Amended Scheduling Order. Telephonic attorneys-only Status Conference reset for 1/9/2019 at 10:00 a.m. before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 09/06/2018. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Raof Alkhamaisi, individually and on
behalf of all other similarly situated
employees; and Salah Salea, individually
and on behalf of all other similarly
situated employees,

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ORDER GRANTING IN PART
JOINT MOTION TO EXTEND
DISCOVERY AND PRE-TRIAL
PROCEEDINGS DEADLINES AND
SETTING FORTH AMENDED
SCHEDULING ORDER

Plaintiffs,

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Case No.: 18-cv-00115-WQH-BGS

v.
Katmai Health Services, LLC; Katmai
Government Services, LLC; and Does 1
through 25,

[ECF No. 18]

Defendants.

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On August 21, 2018 Plaintiffs Raof Alkhamaisi and Salah Salea and Defendants

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Katmai Health Services, LLC and Katmai Government Services, LLC filed a Joint Motion

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to Extend Discovery and Pre-trial Proceedings Deadlines. (ECF No. 18.) In the motion,

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the parties request a 12 week extension of the current September 11, 2018 deadline to file

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a motion for class certification, a 13 week extension of the telephonic status conference

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currently scheduled for October 3, 2018, and a 12 week extension of the current October
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11, 2018 fact discovery cutoff. (ECF No. 18 at 4-5.) This extension request stems from

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the fact that “Plaintiffs are not able to comply with the Court’s September 11, 2018 class

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certification deadline because the Parties need additional time to complete oral and written

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discovery related to class certification.” (Id. at 3.) Following review of the motion, the

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Court requested and the parties submitted a Supplemental Joint Statement detailing the

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specific discovery relating to class certification that remains outstanding. (ECF No. 25.)

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Federal Rule of Civil Procedure 16(b)(4) provides that “[a] schedule may be

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modified only for good cause and with the judge’s consent.” Civil Local Rule 16.1(b)

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requires all counsel and parties to “proceed with diligence to take all steps necessary to

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bring an action to readiness for trial.” In determining whether there is “good cause” under

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Rule 16(b), the Court “primarily considers the diligence of the party seeking the

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amendment” and the “moving party’s reasons for seeking modification.” Johnson v.

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Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Good cause exists if the

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party can show that the schedule “cannot reasonably be met despite the diligence of the

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party seeking the extension.” Id. Carelessness is not compatible with a finding of diligence

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and offers no reason for a grant of relief. Id. If the moving party was not diligent, the

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inquiry should end. Id.

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The parties represent that they have been “actively and diligently engaged in written

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discovery.” (ECF No. 18 at 3.) However, stipulations for extensions amongst the parties

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do not establish good cause to extend discovery deadlines. (See id. [“following a few

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extensions”].) Further, by not abiding by the Court’s Chambers Rules regarding discovery

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disputes, the parties have delayed the case unnecessarily. (See id. [the parties did not

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resolve discovery disputes stemming from requests served on April 26, 2018 until August

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7, 2018 outside of the Court’s procedures for addressing discovery disputes].)

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Additionally, one of the parties’ purported reasons for not yet completing document

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production is that Defendants agreed to produce employment records only upon entry of a

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protective order. (ECF No. 25 at 3.) However, the parties did not submit a proposed

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protective order until July 24, 2018 (ECF No. 16), which failed to comply with Chambers’
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Rules. Further, when that proposed protective order was denied, the parties did not

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resubmit an amended proposed protective order for an additional three weeks. (See ECF

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Nos. 17, 20.)

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Despite the actions of the parties highlighted above, the parties represent in their

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supplemental statement that outstanding oral and written discovery is expected to be

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completed in October 2018. (See ECF No. 25 at 3-4.) Accordingly, based on the reasons

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set forth above, the Court GRANTS IN PART the Joint Motion to Extend Discovery and

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Pre-trial Proceedings Deadlines (ECF No. 18). At this time, good cause supports extending

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the deadline for Plaintiffs to file a motion for class certification until November 13, 2018.

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This extension should provide the parties with sufficient time to complete outstanding class

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related document production and depositions.

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extensions are likely to be granted and that the parties are to abide by Judge Skomal’s

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Chambers’ Rules governing discovery disputes going forward.

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HEREBY ORDERED:

The Court cautions that no further

Accordingly, IT IS

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1.

Plaintiffs’ motion(s) for class certification and for conditional certification of

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collective action under the Fair Labor Standards Act must be filed on or before

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November 13, 2018. Counsel for the moving party must obtain a motion hearing date

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from the law clerk of the judge who will hear the motion. The period of time between the

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date you request a motion date and the hearing date may vary from one district judge to

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another. Failure to make a timely request for a motion date may result in the motion not

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being heard.

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2.

A telephonic Status Conference shall be conducted on January 9, 2019 at

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10:00 a.m. with Magistrate Judge Bernard G. Skomal. The teleconference shall be with

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attorneys only. Counsel for Plaintiffs shall coordinate and initiate the JOINT call to

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chambers at [phone] on January 9, 2019 at 10:00 a.m.

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3.

All fact discovery shall be completed by all parties by January 11, 2019.

“Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil
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Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period

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of time in advance of the cut-off date, so that it may be completed by the cut-off date,

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taking into account the times for service, notice and response as set forth in the Federal

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Rules of Civil Procedure. Counsel shall promptly and in good faith meet and confer

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with regard to all discovery disputes in compliance with Local Rule 26.1(a). The

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Court expects counsel to make every effort to resolve all disputes without court

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intervention through the meet and confer process. If the parties reach an impasse on any

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discovery issue, counsel shall follow the procedures outlined in the undersigned

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magistrate judge’s chambers rules. A failure to comply in this regard will result in a

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waiver of a party’s discovery issue. Absent an order of the court, no stipulation

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continuing or altering this requirement will be recognized by the court.

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4.

The Court has considered Defendants’ request to phase or bifurcate

discovery. (ECF No. 11 at 3.) The request is denied. Discovery is not bifurcated.
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Failure to comply with this section or any other discovery order of the court

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may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on

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the introduction of experts or other designated matters in evidence.

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The parties must review the chambers’ rules for the assigned district judge

and magistrate judge.

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7.

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cause shown.

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8.

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The dates and times set forth herein will not be modified except for good
Plaintiff’s counsel shall serve a copy of this order on all parties that enter

this case hereafter.
IT IS SO ORDERED.
Dated: September 6, 2018

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