Bond v. Fluke Corporation et al

Filing 34

ORDER denying Parties' 32 Stipulated Motion to Extend Scheduling Order without prejudice. Signed by Judge Marsha J. Pechman. (SB)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

PAMELA BOND, individually and on
behalf of all others similarly situated,
Plaintiffs,
v.

CASE NO. 22-cv-1241 MJP
ORDER DENYING STIPULATED
MOTION TO EXTEND
SCHEDULING ORDER

FLUKE CORPORATION and FLUKE
MANUFACTURING
CORPORATION,
Defendants.

This matter comes before the Court on the parties’ Stipulated Motion to Extend the
Scheduling Order. (Dkt. No. 32.) The parties ask the Court to set aside the current trial date and
case deadlines in order to “tailor a case schedule that meets their needs for flexibility.” (Motion
at 2.) Federal Rule of Civil Procedure 16(b)(4) states that “a schedule may be modified only for
good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “Rule 16(b)’s ‘good cause’
standard primarily considers the diligence of the party seeking the amendment.” Johnson v.
Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). “[T]he focus of the inquiry is

ORDER DENYING STIPULATED MOTION TO EXTEND SCHEDULING ORDER - 1

1

upon the moving party’s reasons for seeking modification” and “[i]f that party was not diligent,

2

the inquiry should end.” Id. (citation omitted). The Court held a hearing with the parties to

3

discuss whether good cause existed to support their Motion. (Dkt. No. 33.) The parties failed to

4

identify any good cause that might possibly sustain their request to set aside the trial date and

5

interim deadlines. There is no record of diligence and no valid reason presented to support an

6

extension. The Court DENIES the Motion without prejudice.

7

The clerk is ordered to provide copies of this order to all counsel.

8

Dated May 19, 2023.

9
10

A
Marsha J. Pechman
United States Senior District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
ORDER DENYING STIPULATED MOTION TO EXTEND SCHEDULING ORDER - 2