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Hardin v. Wal-Mart Stores

April 7, 2009

ZANE HARDIN, PLAINTIFF,
v.
WAL-MART STORES, INC., AND DOES 1-100, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER RE DEFENDANT'S MOTION FOR EXTENSION OF DEADLINES

(Document 26)

Pending before the Court is Defendant's Motion for Extension of Deadlines in the Court's Discovery Plan and Scheduling Order filed March 9, 2009. Plaintiff filed an opposition on March 25, 2009. The Court has considered the pleadings and has determined that these matters are suitable for decision without oral argument pursuant to Local Rule 78-230(h). The hearing scheduled for April 17, 2009, was vacated by minute order of April 6, 2009, and thus the parties need not appear. Upon consideration of all the pleadings, this Court will find that Defendant's motion to extend discovery deadlines and scheduling order should be GRANTED.

RELEVANT PROCEDURAL BACKGROUND

On May 2, 2008, Defendant filed its Notice of Removal. On May 7, 2008, Defendant filed its Motion to Dismiss the first, second and fourth causes of action of Plaintiff's complaint. (Doc. 7.) Plaintiff filed his opposition on June 9, 2008. (Doc. 8.) Defendant filed its reply on June 23, 2008. (Doc. 12.)

On June 25, 2008, United States District Court Judge Anthony W. Ishii vacated the hearing scheduled for June 30, 2008, and took the matter under submission. (Doc. 13.)

In the interim, a scheduling conference was held on August 27, 2008, before United States Magistrate Judge Gary S. Austin. A Scheduling Order issued on September 2, 2008. (Docs. 17 & 18.)

On December 23, 2008, Judge Ishii issued his Order Re: Motion to Dismiss wherein Defendant's motion was granted in part and denied in part. More particularly, a portion of the first cause of action was dismissed without prejudice, the second cause of action was dismissed for a lack of subject matter jurisdiction, and the fourth cause of action was dismissed without prejudice. (Doc. 19.)

Plaintiff filed his First Amended Complaint on January 20, 2009. (Doc. 20.) Defendant filed its second Motion to Dismiss on February 6, 2009. This motion sought to dismiss the second and third causes of action, and for clarification of the first cause of action, in Plaintiff's First Amended Complaint. (Doc. 22.) Plaintiff filed his opposition on February 19, 2009. (Doc. 23.) Defendant filed its reply on March 5, 2009. (Doc. 25.)

On March 9, 2009, Defendant filed the instant motion. (Doc. 26.)

On March 12, 2009, Judge Ishii vacated the hearing on the pending motion to dismiss, previously scheduled to be heard March 16, 2009, and took the matter under submission. (Doc. 28.)

On March 25, 2009, Plaintiff filed his opposition to the instant motion. (Doc. 32.)

DISCUSSION

District courts have the inherent power to control their dockets. Thompson v. Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). Rule 16(b)(4) of the Federal Rules of Civil Procedure provides that a scheduling order "may be ...


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