UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 15, 2010
KEL-TEC CNC INDUSTRIES, INC.,
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DENYING STIPULATION TO AMEND SCHEDULING CONFERENCE ORDER WITHOUT PREJUDICE
On December 9, 2010, the parties filed a stipulation that sought to extend all of the dates in this case for several months. (Doc. 27). Fed.R.Civ.P. 16(b)(2) and (3) requires district courts to enter scheduling orders to establish deadlines in cases. Fed.R.Civ.P. 16(b)(2) and (3). A schedule may be modified only for good cause and with the judge's consent. Fed. R. Civ. P. 16(b)(4).
This court's previous scheduling order issued on November 13, 2009 provides as follows
Stipulations extending the deadlines contained herein will not be considered unless they are accompanied by affidavits or declarations, and where appropriate attached exhibits, which establish good cause for granting the requested relief. (Doc. 17 at pg. 7 lines 14-17).
No declarations were attached to the instant stipulation explaining
the circumstances for the extension request. Therefore, no good cause
has been shown. The Court also notes that the stipulation to extend
the dates was filed one day prior to expiration of the non-expert
discovery deadline scheduled for December 10, 2010. Furthermore, a
lengthy extension in this case was
previously granted in August 10, 2010. (Doc. 26). The Court is not
inclined to grant another extension request absent a showing of good
cause. Therefore, the request to amend the scheduling order is DENIED
WITHOUT PREJUDICE. An amended stipulation to extend the dates in the
scheduling order shall be filed within five (5) days and must contain
the appropriate documentation establishing good cause.*fn1
Failure to file an amended stipulation/request within this
time period may result in denial of the request.