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Enterprise Technology Holdings, Inc. v. Noveon Systems

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 27, 2007

ENTERPRISE TECHNOLOGY HOLDINGS, INC., PLAINTIFF,
v.
NOVEON SYSTEMS, INC., DEFENDANT.

The opinion of the court was delivered by: Hon. Rudi M. Brewster United States Senior District Court Judge

ORDER GRANTING PLAINTIFF'S MOTION FOR MODIFICATION OF CASE MANAGEMENT CONFERENCE ORDER AND LEAVE FOR PLAINTIFF TO AMEND VERIFIED COMPLAINT

On February 23, 2007, Plaintiff Enterprise Technology Holdings, Inc. filed a Motion for Modification of Case Management Conference Order and Leave for Plaintiff to Amend Verified Complaint. (Doc. No. 61.) Under the Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings of May 25, 2006, Plaintiff was required to file any motions to amend the pleadings on or before June 1, 2006. (Doc. No. 38 at 2.)

Pursuant to Federal Rule of Civil Procedure 16(b), a scheduling order of the Court "shall not be modified except upon a showing of good cause and by leave of the district judge." Finding good cause herein, the Court hereby GRANTS Plaintiff's Motion for Modification of Case Management Conference Order and Leave for Plaintiff to Amend Verified Complaint. The Court TAKES OFF CALENDAR the hearing for Plaintiff's Motion currently set for April 9, 2007.

Plaintiff's Ex Parte Application for Order Shortening Time to Bring Motion for Modification of Case Management Order and Leave for Plaintiff to Amend Verified Complaint, which was filed on February 23, 2007, is therefore MOOT.

IT IS SO ORDERED

20070227

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