Lackman v. Blazin Wings, Inc. et al

Filing 51

ORDER: (1) granting 50 Joint Motion to vacate pretrial disclosure deadlines and Final Pretrial Conference; and (2) Sua sponte resetting Mandatory Settlement Conference to take place in person. Mandatory Settlement Conference set for 10/5/2021 at 2:00pm. Signed by Magistrate Judge Allison H. Goddard on 9/09/2021. (jpp)

Case 3:20-cv-01256-BEN-AHG Document 51 Filed 09/09/21 PageID.1505 Page 1 of 3

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CASSANDRA LACKMAN,

Case No.: 3:20-cv-1256-BEN-AHG
Plaintiff,

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v.

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ORDER:

BLAZIN WINGS, INC., et al.,

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(1) GRANTING JOINT MOTION TO
VACATE PRETRIAL DISCLOSURE
DEADLINES AND FINAL
PRETRIAL CONFERENCE; and

Defendants.

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(2) SUA SPONTE RESETTING
MANDATORY SETTLEMENT
CONFERENCE TO TAKE PLACE IN
PERSON

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[ECF No. 50]

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Before the Court is the parties’ Joint Motion to Modify Pretrial Disclosure

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Deadlines and the Final Pretrial Conference. ECF No. 50. Both parties have filed summary

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judgment motions, each with a hearing date of September 20, 2021. ECF Nos. 45, 46. The

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pretrial conference in this matter is currently set for October 18, 2021, with other pretrial

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deadlines coming up in the preceding four weeks. ECF No. 15. In light of the pending

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cross-motions, the parties ask the Court to temporarily vacate the Pretrial Conference and
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related upcoming pretrial deadlines, to be reset following a resolution of the pending cross-

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motions for summary judgment and/or partial summary judgment. ECF No. 50.

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Under Fed. R. Civ. P 16(b)(4), “[a] schedule may be modified only for good cause

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and with the judge’s consent.” “Good cause” is a non-rigorous standard that has been

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construed broadly across procedural and statutory contexts. Ahanchian v. Xenon Pictures,

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Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). The good cause standard focuses on the diligence

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of the party seeking to amend the scheduling order and the reasons for seeking

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modification. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

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“[T]he court may modify the schedule on a showing of good cause if it cannot reasonably

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be met despite the diligence of the party seeking the extension.” Fed. R. Civ. P. 16, advisory

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committee’s notes to 1983 amendment. Therefore, “a party demonstrates good cause by

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acting diligently to meet the original deadlines set forth by the court.” Merck v. Swift

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Transportation Co., No. CV-16-01103-PHX-ROS, 2018 WL 4492362, at *2 (D. Ariz.

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Sept. 19, 2018).

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Here, the parties have diligently met the case schedule deadlines, but seek a

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temporary vacatur of the remaining dates to prevent the wasteful expenditure of time and

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resources on trial preparation for claims that may be resolved if either of the parties’ cross-

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motions are granted, either in part or in full. Therefore, consistent with Federal Rule of Civil

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Procedure 1, the Court finds good cause to GRANT the Joint Motion (ECF No. 50).

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Accordingly, it is hereby ORDERED:

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The Pretrial Conference and all related pre-trial deadlines are VACATED. Within

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three business days of the Court’s ruling on the cross-motions for summary judgment, the

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parties are ORDERED to meet and confer and to submit a joint motion to the Court

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proposing new dates for the Final Pretrial Conference and all related pretrial deadlines.

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Moreover, although the parties did not request that the upcoming Mandatory

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Settlement Conference (“MSC”) be reset, the Court finds it prudent to hold the MSC after

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the hearing date on the cross-motions. Accordingly, the MSC is hereby RESET from

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September 13, 2021 to October 5, 2021 at 2:00 p.m. before the Honorable Allison H.
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Goddard.

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Although the MSC was previously set to take place by videoconference, the

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rescheduled MSC will take place in person. At the appointed date and time, all attendees

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should report to the chambers of Magistrate Judge Allison H. Goddard, located on the third

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floor of the Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 3142, San

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Diego, California 92101. Do not report to Courtroom 3B; report to Chambers. The Court

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will consider reverting the MSC to take place via videoconference if any party so

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requests. Requests to hold the MSC by videoconference should be lodged with the Court

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at [e-mail] no later than September 27, 2021, with all counsel of

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record copied on the email. Counsel should meet and confer before making any such

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request to the Court and, if both sides prefer that the conference take place virtually, the

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parties should make the request jointly.

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The parties are not required to submit updated Settlement Conference Statements or

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Confidential Settlement Letters to the Court. The Court is in receipt of the previously

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submitted statements. However, if any party wishes to submit an updated statement or

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letter, counsel should lodge the statement or letter with the Court no later than

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September 27, 2021.

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IT IS SO ORDERED.

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Dated: September 9, 2021

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