CEMCO LLC v. KPSI Innovations Inc et al

Filing 51

ORDER granting Plaintiff's 49 Motion for Extension of Time. CEMCO may file asecond amended complaint by no later than 11/20/2023. Signed by Judge James L. Robart. (SS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Plaintiff,

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KPSI INNOVATIONS, INC et al.,
Defendant.

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ORDER

v.

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CASE NO. C23-0918JLR

CEMCO LLC,

Before the court is Plaintiff CEMCO LLC’s (“CEMCO”) ex parte motion for a

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one-week extension to file a second amended complaint. (Mot. (Dkt. # 49).) Defendants

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KPSI Innovations, Inc., James Klein, Serina Klein, and Kevin Klein (collectively,

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“Defendants”) declined to stipulate to the extension. (See id. at 1.) The court has

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considered CEMCO’s submission, the relevant portions of the record, and the governing

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law. Being fully advised, the court GRANTS CEMCO’s motion.

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“District courts have broad discretion in managing their dockets and enforcing

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their scheduling orders.” Saroyan Lumber Co. v. El & El Wood Prods. Corp., 126 F.

ORDER - 1

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App’x 371, 372 (9th Cir. 2005). Federal Rule of Civil Procedure 6(b) provides that the

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court may, for good cause, grant extensions of time “with or without motion or notice . . .

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if a request is made[] before the original time or its extension expires.” Fed. R. Civ. P.

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6(b). This rule “[is] to be liberally construed to effectuate the general purpose of seeing

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that cases are tried on the merits.” Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253,

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1259 (9th Cir. 2010) (quoting Rodgers v. Watt, 722 F.2d 456, 459 (9th Cir. 1983)).

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“Consequently, requests for extensions of time made before the applicable deadline has

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passed should ‘normally . . . be granted in the absence of bad faith or prejudice to the

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adverse party.’” Id. (quoting 4B Charles Alan Wright & Arthur R. Miller, Federal

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Practice and Procedure § 1165 (3d ed. 2004)).

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Here, the good cause standard applies because CEMCO filed its motion before the

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deadline to file its second amended complaint passed. The court concludes that CEMCO

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has shown good cause to grant the requested extension. CEMCO provided notice of this

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action to third-party Clarkwestern Dietrich Buildings Systems LLC (“ClarkDietrich”) on

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November 1, 2023, the day after the court granted in part Defendants’ motion to dismiss.

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(See generally Order (Dkt. ## 46 (sealed), 48 (redacted)).) Counsel for ClarkDietrich

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responded on November 8, 2023 “indicating that ClarkDietrich needed additional time to

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consider the terms and conditions on which [it] might join the case.” (Trojan Decl. (Dkt.

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# 50) ¶ 2.) CEMCO asked Defendants to stipulate to an extension of time on November

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10, 2023, but they declined to do so. (See id. ¶ 4.) The court finds that CEMCO has not

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acted in bad faith and that granting the motion will not result in undue prejudice to

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Defendants. For the foregoing reasons, the court GRANTS CEMCO’s motion for a

ORDER - 2

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one-week extension to file a second amended complaint (Dkt. # 49). CEMCO may file a

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second amended complaint by no later than November 20, 2023.

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Dated this 13th day of November, 2023.

A

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__________________________________
JAMES L. ROBART
United States District Judge

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ORDER - 3