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Yesenia Guitron and Judi Klosek v. Wells Fargo Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 18, 2012

YESENIA GUITRON AND JUDI KLOSEK, PLAINTIFFS,
v.
WELLS FARGO BANK, N.A., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

DISCOVERY ORDER Re: Docket No. 122

Pending before the Court is the parties' joint discovery dispute letter filed on January 9, 10 2012. Dkt. No. 122. In the joint letter, Defendants Wells Fargo and Pam Rubio seek to compel the 11 deposition of Dreydy Metelin pursuant to Federal Rule of Civil Procedure 16(b). 12 Rule 16(b) provides that a case management schedule can be modified upon a showing of e Ninth Circuit has stated that the "'good cause' 14 standard primarily considers the diligence of the party seeking the amendment. The district court 15 may modify the pretrial schedule 'if it cannot reasonably be met despite the diligence of the party good cause and by leave of the district judge.

seeking the extension.'" Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.1992) (quoting Fed. R. Civ. P. 16 advisory committee's notes (1983 amendment)). "Although the 18 existence or degree of prejudice to the party opposing the modification might supply additional 19 reasons to deny a motion, the focus of the inquiry is upon the moving party's reasons for seeking modification." Id. (citing Gestetner Corp. v. Case Equip. Co., 108 F.R.D. 138, 141 (D. Me.1985)). 21 Here, because Defendants did not receive Metelin's declaration until the last day of 22 discovery, even though Metelin signed the declaration 16 days earlier, the Court finds good cause 23 exists pursuant to Rule 16(b) to modify the case management schedule and hereby GRANTS 24 Defendants' request to depose Dreydy Metelin.

IT IS SO ORDERED.

20120118

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