Opinion

I.L. v. Six Flags Entertainment Corp.

Court
District Court, E.D. California
Filed
Jul 15, 2025
Cited by
0 cases
Authority
More cited than 37.9%

The opinion

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

10

11 I.L., et al., Case No. 1:23-cv-01769-KES-CDB

12 Plaintiffs, ORDER DENYING PARTIES’

13 v. STIPULATED REQUEST TO EXTEND

CASE MANAGEMENT DATES

14 SIX FLAGS ENTERTAINMENT CORP., et

al., (Doc. 57)

15

Defendants.

16

17 Pending before the Court is the parties’ joint stipulated request to extend the time for taking

18 discovery in advance of their briefing of Plaintiffs’ anticipated motion for class certification, filed

19 on July 11, 2025 -- the deadline to complete nonexpert discovery. (Doc. 57 at 3-4).

20 In support of the request, the parties represent that they have exchanged written discovery

21 requests and engaged in substantial meet and confer efforts concerning disputes related to said

22 requests. The parties represent that they have met and conferred regarding depositions of Plaintiffs

23 and accommodations for their completion, particularly as to mutually available dates. They further

24 represent that they have met and conferred regarding the scope of topics at issue in the deposition

25 requested by Plaintiff pursuant to Federal Rule of Civil Procedure 30(b)(6), and have come to an

26 agreement regarding the scope thereof, with said deposition to proceed on a mutually available date

27 after the depositions of Plaintiffs J.M. and C.T. Lastly, the parties provide that they are “in the

28 process of further meeting and conferring concerning the scope of a subpoena that Plaintiffs

1 directed to non-party International Board of Credentialing and Continuing Education Standards

2 (‘IBCCES’).” (Doc. 57 at 2).

3 Discussion

4 District courts enter scheduling orders in actions to “limit the time to join other parties,

5 amend the pleadings, complete discovery, and file motions.” Fed. R. Civ. P. 16(b)(3). Once

6 entered, a scheduling order “controls the course of the action unless the court modifies it.” Fed. R

7 Civ. P. 16(d). Scheduling orders are intended to alleviate case management problems. Johnson v.

8 Mammoth Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992).

9 “A scheduling order is not a frivolous piece of paper, idly entered, which can be cavalierly

10 disregarded by counsel without peril.” Id. (quotation and citation omitted). Under Federal Rule of

11 Civil Procedure 16(b), a scheduling order “may be modified only for good cause and with the

12 judge’s consent.” Fed. R. Civ. P. 16(b)(4). As the Court of Appeals has observed:

13 In these days of heavy caseloads, trial courts in both the federal and

state systems routinely set schedules and establish deadlines to

14 foster efficient treatment and resolution of cases. Those efforts will

be successful only if the deadlines are taken seriously by the parties,

15 and the best way to encourage that is to enforce the deadlines. Parties

must understand that they will pay a price for failure to comply

16 strictly with scheduling and other orders...

17 Wong v. Regents of Univ. of Cal., 410 F.3d 1052, 1060 (9th Cir. 2005). “Rule 16(b)’s ‘good cause’

18 standard primarily considers the diligence of the party seeking the amendment.” Johnson, 975 F.2d

19 at 609. If the moving party is unable to reasonably meet a deadline despite acting diligently, the

20 scheduling order may be modified. Id. If, however, the moving party “‘was not diligent, the inquiry

21 should end’ and the motion to modify should not be granted.” Zivkovic v. So. Cal. Edison Co., 302

22 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson, 975 F.2d at 609).

23 Moreover, in the Eastern District of California, “[r]equests for Court-approved extensions

24 brought on the required filing date for the pleading or other document are looked upon with

25 disfavor.” E.D. Cal. Local Rule 144(d). Instead, this Court’s local rules require counsel to “seek

26 to obtain a necessary extension from the Court or from other counsel or parties in an action as soon

27 as the need for an extension becomes apparent.” Id. (emphasis added).

28 Here, the parties failed to file in support of their stipulated request any attorney affidavit or

1 | declaration, as required by the operative scheduling order. (Doc. 35 at 4, noting “Stipulations

2 | extending the deadlines contained herein will not be considered unless they are accompanied by

3 | affidavits or declarations, and where appropriate attached exhibits, which establish good cause for

4 | granting the relief requested”; emphasis omitted). Furthermore, the parties filed their stipulated

5 || request on the first date they seek to extend -- deadline for completing nonexpert discovery. Thus,

6 | the parties’ request violates Local Rule 144 as any such extension will be nunc pro tunc. The Court

7 | disfavors granting relief nunc pro tunc and admonishes the parties to exercise better care and to

8 | adhere to this Court’s Local Rules in all future filings. Finally, the unattested representations

9 | contained in the parties’ stipulation fall short of demonstrating good cause for the requested

10 | extension -- the parties provide scarce details about their undertaking of discovery to date that

11 | prevents the Court from assessing their diligence.

12 For the foregoing reasons, the Court will deny the request without prejudice.

13 Conclusion and Order

14 Accordingly, the parties’ joint stipulated request to extend case management dates (Doc.

15 | 57) is DENIED without prejudice.

16 | IT IS SO ORDERED.

'7 | Dated: _ July 14, 2025 | hr

18 UNITED STATES MAGISTRATE JUDGE

19

20

21

22

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.