UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHAWN MCCARTY, et al., Case No. 17-cv-06232-JD
Plaintiffs,
ORDER RE MOTION TO AMEND,
v. DISCOVERY DISPUTE, AND CLASS
CERTIFICATION SCHEDULE
SMG HOLDINGS, I, LLC, et al., Re: Dkt. Nos. 68, 69, 76 Defendants.
I. MOTION TO AMEND Although the last day under the Rule 16 scheduling order to add parties or amend pleadings was May 22, 2020, Dkt. No. 67, plaintiffs have asked for leave to file a third amended complaint which would “add David Babcock as an additional plaintiff and class representative for the Stockton putative class of SMG.” Dkt. No. 69 at 3. The request is granted. Good cause warrants amendment at this time. The primary consideration for “good cause” under Rule 16 is diligence. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A question could be raised about plaintiffs’ diligence here. Plaintiffs acknowledge that they first became aware of defendants’ contention that plaintiff McCarty was not…