Continental Credit Corporation et al v. Garcia

Filing 44

MINUTE ORDER denying 43 Motion to Vacate, with leave to re-file, by Magistrate Judge Nina Y. Wang on 03/04/16.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-1251-NYW
CONTINENTAL CREDIT CORPORATION,
NATIONAL CREDIT CARE CORPORATION,
Plaintiffs,
v.
PAUL C. GARCIA,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Nina Y. Wang
This matter is before the court on the Motion to Vacate Discovery Cut-off and Extend
Time for Completion of Discovery. [#43, filed Mar. 3, 2016].
A motion to amend a scheduling order must be made pursuant to Fed. R. Civ. P. 16(b)(4)
on a showing of good cause. Amendments to the scheduling order are granted with the judge's
consent. Id. To establish good cause, a party must demonstrate that it has been diligent in
attempting to the meet the deadlines, which means it must provide an adequate explanation for
any delay. Lehman Bros. Holdings, Inc. v. Universal Amer. Mortg’g Co., LLC, 300 F.R.D. 678,
681 (D. Colo. 2014).
The court finds that Defendant has failed to provide an adequate statement of good cause,
particularly because “[t]he Federal Rules of Civil Procedure presume that discovery may proceed
despite the filing of a motion to dismiss, absent special provisions such as those provided in the
Private Securities Litigation Reform Act or in connection with a motion seeking dismissal based
on qualified immunity.” SOLIDFX, LLC v. Jeppesen Sanderson, Inc., No. 11-CV-01468-WJMBNB, 2011 WL 4018207, at *2 (D. Colo. Sept. 8, 2011) (internal citation omitted)
Accordingly, the Motion to Vacate Discovery Cut-off and Extend Time for Completion
of Discovery [#43] is DENIED with leave to re-file with the requisite statement of good cause
for the requested extension, including an explanation of what discovery has been completed and
what discovery Defendant seeks to obtain after the previously-set discovery cutoff.

DATED: March 4, 2016

BY THE COURT:

s/Nina Y. Wang__________
United States Magistrate Judge

2