Pipeline Productions, Inc. v. The Madison Companies, LLC, et al
Filing
114
ORDER granting 105 Motion to Amend Scheduling Order. The deadline for filing amended pleadings is extended to April 15, 2018. Signed by Magistrate Judge K. Gary Sebelius on 3/28/2018.(wh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
PIPELINE PRODUCTIONS, INC.;
BACKWOOD ENTERPRISES, LLC;
OK PRODUCTIONS, INC.; and
BRETT MOSIMAN,
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
THE MADISON COMPANIES, LLC,
)
and HORSEPOWER ENTERTAINMENT, )
LLC,
)
)
)
Defendants.
)
Case No. 15-4890-KHV
ORDER
This matter comes before the court upon plaintiffs’ Motion to Modify Deadline to Amend
Pleadings (ECF No. 105). Plaintiffs seek to extend the deadline for motions to amend from March
1, 2018 to April 15, 2018. For the following reasons, this motion is granted.
On January 9, 2018, the court entered a Scheduling Order, which provided that motions to
amend must be filed by March 1, 2018. Plaintiffs filed the instant motion on March 1, 2018.
In the motion, plaintiffs assert they have not yet received significant discovery from the
defendants. They noted that supplemental disclosures and documents were not due from the
defendants until March 8, 2018. Plaintiffs suggested that until defendants produced the necessary
documents, they would be unable to determine if all appropriate parties and claims had been
included in the pleadings. Defendants have suggested that plaintiffs’ request is “based upon their
pie-in-the-sky speculation that, two years into this dispute, unspecified additional discovery might
lead to possible additional but unspecified claims against also unspecified persons or entities.”
Defendants also contend that plaintiffs are aware of much of the discovery in this case due to other
litigation that has taken place between the parties. Finally, they contend they will be prejudiced
by the granting of this modification.
A scheduling order may be modified upon a showing of “good cause” and the court’s
consent.1 The good-cause standard under Fed. R. Civ. P. 16(b)(4) considers the diligence of the
party seeking to amend.2 To establish good cause, the moving party must show that despite due
diligence, it could not have reasonably met the deadline for amendments to the pleadings.3
“Carelessness is not compatible with a finding of diligence and offers no reason for a grant of
relief.”4 The party seeking an extension is normally expected to show good faith on its part and
some reasonable basis for not meeting the deadline.5
Having reviewed the arguments of the parties, the court is persuaded that plaintiffs have
shown good cause for the modification of the scheduling order. The court recognizes that, even
though this case has been pending for two years, the Scheduling Order was only recently entered
and significant discovery has only recently taken place. Plaintiffs’ request is limited and the court
rejects defendants’ contention that they will be prejudiced by this modification.
Accordingly,
plaintiffs’ motion shall be granted and the deadline for filing motions to amend will be extended
to April 15, 2018.
IT IS THEREFORE ORDERED that plaintiff’s Motion to Modify Deadline to Amend
Pleadings (ECF No. 105) is granted. The deadline for filing amended pleadings is extended to
April 15, 2018.
IT IS SO ORDERED.
1
Fed. R. Civ. P. 16(b)(4).
Deghand v. Wal–Mart Stores, Inc., 904 F.Supp. 1218, 1221 (D.Kan.1995).
3 Carefusion 213 LLC v. Prof'l Disposables, Inc., No. 09–2616–KHV, 2010 WL 4004874, at *3 (D.Kan. Oct. 22,
2010).
4 Deghand, 904 F.Supp. at 1221.
5 Id.
2
2
Dated this 28th day of March, 2018, at Topeka, Kansas.
s/ K. Gary Sebelius
K. Gary Sebelius
U.S. Magistrate Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?