Ducey

MEMORANDUM *

Plaintiff Torr Mario Ducey appeals the district court’s grant of summary judgment in favor of defendants City of Yakima, Yakima police officer Lee, Westcoast Yakima Center Hotel (‘Westcoast”), and Westcoast employees Kevin St. Martin and John Bailey. Ducey brought suit against the defendants under 42 U.S.C. § 1983 and Washington state law. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s rulings on all claims, except for the district court’s grant of summary judgment to Officer Lee on the basis of qualified immunity.

I.

The district court did not abuse its discretion in denying Ducey’s untimely motion to amend his complaint. The district court had a pre-trial scheduling order setting forth a deadline for amending pleadings. Pre-trial scheduling orders “shall not be modified except upon a showing of good cause.” Fed.R.Civ.P. 16(b). This standard focuses on the diligence of the party seeking amendment. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.1992).

Ducey contends that good cause existed to amend his complaint to add new claims because the focus of his lawsuit changed once he was unable to serve Officer…