Powell et al v. Walmart, Inc. et al

Filing 38

ORDER denying 36 Joint Motion for amendment to Scheduling Order. Signed by Magistrate Judge Linda Lopez on 7/15/2021. (jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DEARL POWELL, CHRISTINA GAST,
ELIJHA GONZALEZ, as individuals and
on behalf of all others similarly situated,

Case No.: 20cv2412-BEN-LL
ORDER DENYING JOINT MOTION
FOR AMENDMENT OF
SCHEDULING ORDER

Plaintiffs,
v.

[ECF No. 36]

WALMART, INC., et al.,
Defendants.

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Currently before the Court is the parties’ “Joint Motion for Amendment of

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Scheduling Order.” ECF No. 36. The parties seek to continue the deadline for Plaintiffs to

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file a motion for class certification from October 12, 2021 to February 8, 2022. Id. at 3. In

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support, the parties state “[d]iscovery disputes have arisen between the parties as to

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discovery relating to class certification, which may require seeking relief from this Court”

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and “continuing the deadline . . . . is prudent, so that the parties can resolve the issues and

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provide Plaintiffs sufficient time to complete discovery and file their motion for class

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certification.” Id. The Court has set a July 15, 2021 deadline for Plaintiffs to file an

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anticipated motion to compel, which is scheduled to be fully briefed by July 28, 2021. ECF

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No. 35.
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20cv2412-BEN-LL

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Once a Rule 16 scheduling order is issued, the dates set forth therein may be

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modified only “for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The

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Rule 16 good cause standard primarily focuses on the diligence of the moving party.

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

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“the focus of the inquiry is upon the moving party’s reasons for seeking modification.” Id.

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While the parties have diligently sought to extend a deadline that will not occur for

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another three months, the existence of a discovery dispute is not, by itself, good cause for

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extending the deadline by four months at this stage in the litigation. Accordingly, the

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parties’ Joint Motion is DENIED without prejudice. The parties, individually or jointly,

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may re-file a motion to continue the class certification motion deadline after resolution of

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the anticipated motion to compel. The parties are advised, however, to include specific

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reasons why the currently set deadlines cannot be met in any subsequent motion to continue

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dates in the Scheduling Order.

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IT IS SO ORDERED.

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Dated: July 15, 2021

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20cv2412-BEN-LL