Sharp v. Covenant Care LLC

288 F.R.D. 465, 2012 U.S. Dist. LEXIS 135522, 2012 WL 4361560
CourtDistrict Court, S.D. California
DecidedSeptember 21, 2012
DocketNo. 11-cv-1379 CAB (WMc)
StatusPublished
Cited by58 cases

This text of 288 F.R.D. 465 (Sharp v. Covenant Care LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sharp v. Covenant Care LLC, 288 F.R.D. 465, 2012 U.S. Dist. LEXIS 135522, 2012 WL 4361560 (S.D. Cal. 2012).

Opinion

ORDER DENYING DEFENDANT’S MOTION TO MODIFY SCHEDULING ORDER

WILLIAM McCURINE, JR., United States Magistrate Judge.

I. INTRODUCTION

On August 21, 2012, the Court held a telephonic discovery conference. [ECF Nos. 45, 47.] After hearing from counsel of record, the Court: (1) vacated the deadline to file motions for summary judgment pending further order of the Court; and (2) issued a supplemental briefing schedule on the issue of whether the Court should stay this litigation or modify the scheduling order in light of Defendants’ planned modifications to the subject property. [ECF No. 46.] After careful consideration of the parties’ positions at the telephonic discovery conference as well as the parties’ supplemental briefing, the Court DENIES Defendants’ Motion to Modify the Scheduling Order. [ECF No. 50.]

II. STANDARD OF REVIEW

The Court will only modify dates set forth in a scheduling order upon a showing of good cause by the moving party. Specifically, Fed.R.Civ.P. 16 states:

(b) Scheduling.
(1) Scheduling Order. Except in categories of actions exempted by local rule, the district judge — or a magistrate judge when authorized by local rule— must issue a scheduling order:
(A) after receiving the report from the parties under Rule 26(f); or
(B) after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference or by telephone, mail, or other means.
(2) Time to Issue. The judge must issue the scheduling order as soon as practicable, but in any event within the earlier of 120 days after any Defendant has been served with the complaint or 90 days after any Defendant has appeared.
(3) Contents of the Order.
(A) Required Contents. The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.
(B) Permitted Contents. The scheduling order may:
(i) modify the timing of disclosures under Rules 26(a) and (e)(1);
(ii) modify the extent of discovery;
(iii) provide for disclosure or discovery of electronically stored information;
(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced;
(v) set dates for pretrial conferences and for trial; and
(vi) include other appropriate matters
(4) Modifying a Schedule. A schedule may be modified only for good cause and with the judge’s consent.

Accordingly, under Rule 16, the court is required to issue a scheduling order as soon as practicable, and the order “must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.” [467]*467Fed.R.Civ.P. 16(b)(3)(A). Once a scheduling order has been filed pursuant to Rule 16, the “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). If the moving party fails to demonstrate diligence, “the inquiry should end.” Id. For example, good cause may be found where the moving party shows it assisted the court with creating a workable scheduling order, that it is unable to comply with the scheduling order’s deadlines due to matters not reasonably foreseeable at the time the scheduling order issued, and that it was diligent in seeking a modification once it became apparent it could not comply with the scheduling order. Jackson v. Laureate, Inc., 186 F.R.D. 605, 608 (E.D.Cal.1999) (citations omitted).

III. DISCUSSION

A. Defendants’ Motion To Modify The Scheduling Order

Defendants request a modification of the Court’s Scheduling Order to allow additional time for the filing of a motion for summary judgment.1 Defendants’ anticipated motion for summary judgment would be based on their remedial efforts to bring the subject property into compliance with the Americans with Disabilities Act (“ADA”). Construction began on the subject property on September 4,2012. [Dettmer Deck, ECF No. 50-3.] In support of their motion, Defendants contend they were unable to complete construction before the August 24, 2012 motion cut-off date due to a slow permit approval process. In addition, Defendants argue an extension of the motion filing deadline promotes efficiency within the court because the motion for summary judgment would address standing and mootness issues, thereby streamlining issues for trial.

In the alternative, Defendants urge the Court to stay the litigation to accommodate their construction schedule and set a status conference in late November, 2012.

B. Plaintiffs Opposition

Plaintiff argues Defendants have not been diligent in seeking a continuance and fail to demonstrate good cause to allow them more time under the Scheduling Order to file a motion for summary judgment. Specifically, Plaintiff notes Defendants’ request for additional time to file a motion for summary judgment came only three days before the August 24,2012 filing deadline. Plaintiff also argues the Court’s Scheduling Order was in place for seven months and Plaintiffs demand for injunctive relief had been in Defendants’ possession for 10 months before they requested an extension of the motion cut-off date. Plaintiff contends the delay in remediation efforts to the subject property is a result of Defendants’ poor planning as they did not submit the architectural plans for barrier removal until May of 2012 and did not begin construction until September 4, 2012, eleven days after the motion cut-off date. Plaintiff argues allowing defendant additional time to complete construction and then file a motion for summary judgment, all in an effort to moot Plaintiffs claims, is inefficient and prejudicial.

C. Defendants Have Failed to Demonstrate Good Cause to Modify The Scheduling Order

In this case, the Court has already given the parties and Defendants, in particular, sufficient time to identify the necessary items for remediation and begin construction on the property at issue. Specifically, the Complaint was filed on June 21, 2011; an Answer was filed on July 21, 2011; and an Early Neutral Evaluation Conference (“ENE”) was scheduled for August 30, 2011. [ECF Nos. 1, 6 and 8.] At the parties’ request, the ENE was continued to September 22, 2011. A case management conference was held on November 10, 2011.

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Bluebook (online)
288 F.R.D. 465, 2012 U.S. Dist. LEXIS 135522, 2012 WL 4361560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharp-v-covenant-care-llc-casd-2012.