Johnson v. WinCo Holdings, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIN JOHNSON, Case No. 1:19-cv-00710-LJO-JLT Plaintiff, ORDER DENYING STIPULATION TO

AMEND THE CASE SCHEDULE

v. (Doc. 20) WINCO HOLDINGS, INC.; DOES 1-100, inclusive, 15 Defendants. 16 17 The parties have stipulated to amend the case schedule to extend the non-expert discovery by about five weeks, and to extend the expert deadlines until November, to allow the motion for summary judgment, which will be filed in August, to be decided. (Doc. 20 at 2) Once entered by the court, a scheduling order “controls the course of the action unless the court modifies it.” Fed. R. Civ. P. 16(d). According to Fed. R. Civ. P. 16(b)(3), a case schedule may be modified only for good cause and only with the judge’s consent. Fed. R. Civ. P. 16(b). In Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992), the Court explained,

. . . Rule 16(b)’s “good cause” standard primarily concerns the diligence of the party seeking the…