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Crayton v. Rochester Medical Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 23, 2009

TIMOTHY CRAYTON PLAINTIFF,
v.
ROCHESTER MEDICAL CORPORATION, A MINNESOTA CORPORATION AND JOHN DOE DISTRIBUTOR, DEFENDANTS.

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

ORDER GRANTING PLAINTIFF'S REQUEST TO AMEND THE SCHEDULING ORDER

(Document 61)

On September 11, 2009, Plaintiff filed a Motion to Extend the Scheduling Order. Specifically, Plaintiff has requested that the non-expert discovery deadline which is currently September 1, 2009, be extended until September 25, 2009. The basis for the Plaintiff's request is that he has not had access to his case files and he is having difficulty getting copies of legal documents made while in prison.

Fed.R.Civ.P. 16(b)(2) and (3) requires district courts to enter scheduling orders to establish deadlines for, among other things, "to file motions" and "to complete discovery." Modifications of the scheduling order requires a showing of good cause. Fed. R. Civ. P. 16(b)(4). "The schedule may be modified 'if it cannot be reasonably met despite the diligence of the party seeking the extension.'" Zivkovic v. Southern California Edison Co., 302 F. 3d 1080, 1087 (9th Cir. 2002) quoting Johnson v. Mammoth Recreations, Inc., 975 F. 2d 604, 607 (9th Cir. 1992)).

On September 18, 2009, the Court ordered that any opposition to this motion shall be filed by September 21, 2009. No oppposition has been filed. Plaintiff has demonstrated good cause for the reques and the motion is granted.

Accordingly, it is HEREBY ORDERED:

1) The non-expert discovery deadline shall be extended from September 1, 2009 until September 25, 2009, nunc pro tunc.

IT IS SO ORDERED.

20090923

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