Southwell et al v. Mortgage Investors Corporation

Filing 173

ORDER denying 142 Plaintiffs' motion for relief from a deadline pursuant to Local Rule 7(D)(2)(A); by Judge Marsha J. Pechman.(RM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOESEPH SOUTHWELL et al.,

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Plaintiffs,

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v.

CASE NO. C13-1289 MJP
ORDER ON PLAINTIFFS’ MOTION
FOR RELIEF FROM A DEADLINE
PURSUANT TO LOCAL RULE
7(D)(2)(A)

MORTGAGE INVESTORS
CORPORATION OF OHIO, INC.,

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Defendant.
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THIS MATTER comes before the Court on Plaintiffs’ Motion for Relief from a Deadline
pursuant to LCR 7(d)(2)(A). (Dkt. No. 142.) Having reviewed the Motion, Defendant’s
Response (Dkt. No. 144), Plaintiffs’ Reply (Dkt. No. 148), and all related papers, the Court

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hereby DENIES the motion.
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According to LCR 16(b)(4), parties are bound by a Court’s scheduling order; the
schedule may be modified only upon a showing of good cause and with the judge’s consent.

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Plaintiffs have not shown good cause to extend the dispositive motion deadline, particularly in
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light of the history of the case so far. As Defendant points out, in asking for extensions to the
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ORDER ON PLAINTIFFS’ MOTION FOR RELIEF
FROM A DEADLINE PURSUANT TO LOCAL
RULE 7(D)(2)(A)- 1

1 class certification deadline Plaintiffs asserted that they did not intend to file dispositive motions.
2 (See Dkt. No 42; 43.) Now, on the day of the dispositive motion deadline, they request an
3 extension on the basis of the one-way intervention rule. (Dkt. No. 142.) But as Defendant argues,
4 Plaintiff could have filed a motion for summary judgment and asked the Court to exercise its
5 discretion to decide the summary judgment motion prior to issuing an order on class
6 certification. (Dkt. No. 144 at 10.)
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The Motion for Relief from a Deadline is therefore DENIED.

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The clerk is ordered to provide copies of this order to all counsel.
Dated this 8th day of July, 2014.

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A

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Marsha J. Pechman
Chief United States District Judge

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ORDER ON PLAINTIFFS’ MOTION FOR RELIEF
FROM A DEADLINE PURSUANT TO LOCAL
RULE 7(D)(2)(A)- 2