Highlander Holdings, Inc. v. Fellner

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 HIGHLANDER HOLDINGS, INC., Case No.: 3:18-cv-1506-AHG-LL

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO CONTINUE THE DEPOSITION OF ANDREW 14 ANDREW FELLNER, et al., FELLNER 15 Defendants. [ECF No. 92] 16 17 18 On March 23, 2021, the parties filed a joint motion to continue the date of Defendant 19 Andrew Fellner’s deposition. ECF No. 92. Under Fed. R. Civ. P 16(b)(4), “[a] schedule 20 may be modified only for good cause and with the judge’s consent.” “Good cause” is a 21 non-rigorous standard that has been construed broadly across procedural and statutory 22 contexts. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). The 23 good cause standard focuses on the diligence of the party seeking to amend the scheduling 24 order and the reasons for seeking modification. Johnson v. Mammoth Recreations, Inc., 25 975 F.2d 604, 609 (9th Cir. 1992). 26 Here, counsel for Defendant Fellner explains that he has been dealing with a family 27 medical emergency that has kept him out of the office for several weeks, and his wife will 28 soon be undergoing an unexpected surgery. ECF No. 92 at 2. Accordingly, he will be 1 |}unavailable to attend Mr. Fellner’s deposition on March 25, 2021. Jd. Counsel have agreed 2 ||to reschedule the deposition for April 19, 2021. /d. In light of these circumstances, the 3 || Court finds good cause to GRANT the joint motion. All other limitations on discovery set 4 ||forth in this Court’s August 10, 2020 Amended Scheduling Order (ECF No. 75), as 5 ||modified by the Court’s intervening January 19, 2021 Order (ECF No. 90), remain in 6 || effect. 7 Accordingly, IT IS HEREBY ORDERED that Defendant Andrew Fellner is 8 || ordered to appear for his deposition on April 19, 2021. 9 IT IS SO ORDERED. 10 Dated: March 23, 2021 i _ Apion. Honorable Allison H. Goddard 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28