Gersh v. Anglin

Filing 74

ORDER granting 72 Motion to Vacate. The Court will reset the motions deadline and other pretrial deadlines if necessary after ruling on Defendants motion to dismiss. Signed by Magistrate Judge Jeremiah C. Lynch on 3/21/2018. (APP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

TANYA GERSH,
CV 17-50-M-DLC-JCL
Plaintiff,
ORDER

vs.
ANDREW ANGLIN,
Defendant.

Plaintiff Tanya Gersh has filed a motion to vacate the deadline for amending
the pleadings pending the Court’s ruling on Defendant Andrew Anglin’s motion to
dismiss. Because discovery in the case has been stayed pending that ruling (Doc.
41, at 1-2), Plaintiff explains that the parties have not had sufficient time to do the
discovery necessary to determine whether to amend their pleadings to add
additional parties, claims, or defenses. Defendant argues Plaintiff has not
established good cause for modifying the scheduling order as required under
Federal Rule of Civil Procedure 16(b)(4) because she could have accomplished the
necessary discovery before the Court imposed the stay. The Court has considered
the parties’ respective arguments and finds that Plaintiff has sufficiently
established good cause for vacating the deadline for amending the pleadings.
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Accordingly,
IT IS ORDERED that Plaintiff’s motion is GRANTED and the March 16,
2018, deadline for amending the pleadings is VACATED. The Court will reset the
motions deadline and other pretrial deadlines if necessary after ruling on
Defendant’s motion to dismiss.
DATED this 21st day of March, 2018.

______________________________
Jeremiah C. Lynch
United States Magistrate Judge

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