Powell et al v. Walmart, Inc. et al
ORDER denying 36 Joint Motion for amendment to Scheduling Order. Signed by Magistrate Judge Linda Lopez on 7/15/2021. (jpp)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
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
[ECF No. 36]
WALMART, INC., et al.,
Currently before the Court is the parties’ “Joint Motion for Amendment of
Scheduling Order.” ECF No. 36. The parties seek to continue the deadline for Plaintiffs to
file a motion for class certification from October 12, 2021 to February 8, 2022. Id. at 3. In
support, the parties state “[d]iscovery disputes have arisen between the parties as to
discovery relating to class certification, which may require seeking relief from this Court”
and “continuing the deadline . . . . is prudent, so that the parties can resolve the issues and
provide Plaintiffs sufficient time to complete discovery and file their motion for class
certification.” Id. The Court has set a July 15, 2021 deadline for Plaintiffs to file an
anticipated motion to compel, which is scheduled to be fully briefed by July 28, 2021. ECF
Once a Rule 16 scheduling order is issued, the dates set forth therein may be
modified only “for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The
Rule 16 good cause standard primarily focuses on the diligence of the moving party.
Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Essentially,
“the focus of the inquiry is upon the moving party’s reasons for seeking modification.” Id.
While the parties have diligently sought to extend a deadline that will not occur for
another three months, the existence of a discovery dispute is not, by itself, good cause for
extending the deadline by four months at this stage in the litigation. Accordingly, the
parties’ Joint Motion is DENIED without prejudice. The parties, individually or jointly,
may re-file a motion to continue the class certification motion deadline after resolution of
the anticipated motion to compel. The parties are advised, however, to include specific
reasons why the currently set deadlines cannot be met in any subsequent motion to continue
dates in the Scheduling Order.
IT IS SO ORDERED.
Dated: July 15, 2021
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