J.R. Simplot Company v. Niboli ( 2020 )

1 NOAH A. KATSELL (Bar No. 217090) noah.katsell@dlapiper.com 2 KEVIN D. HARLOW (Bar No. 265565) kevin.harlow@dlapiper.com 3 KIMBERLY S. HYDE (Bar No. 274623) kimberly.hyde@dlapiper.com 4 DLA PIPER LLP (US) 401 B Street, Suite 1700 5 San Diego, CA 92101 Tele: 619.699.2700 6 AMANDA MORGAN (Bar No. 246277) 7 amanda.morgan@dlapiper.com DLA PIPER LLP (US) 8 555 Mission Street, Suite 2400 San Francisco, CA 94105 9 Tele: 415.836.2500 10 MICHAEL G. WOODS (Bar No. 58683) Mike.woods@mccormickbarstow.com 11 McCormick Barstow, LLP 7647 North Fresno Street 12 P.O. Box 28912 Fresno, CA 93729-8912 13 Tele: 559.433.1300 14 Attorneys for Plaintiff 15 J.R. SIMPLOT COMPANY 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 FRESNO DIVISION 20 J.R. SIMPLOT COMPANY, NO. 1:19-CV-00667-DAD-BAM 21 STIPULATION AND ORDER Plaintiff, EXTENDING DEADLINE TO 22 v. AMEND PLEADINGS 23 PETER NIBOLI, an individual; ALLEN HAYNES, an individual; and SCOTT 24 FOTH, an individual, 25 Defendants. 26 27 28 1 Pursuant to Eastern District of California Local Rule 143, Plaintiff J.R. 2 Simplot Company (“Simplot”) and Defendants Peter Niboli, Allen Haynes, and 3 Scott Foth (collectively “Defendants”) hereby stipulate as follows: 4 1. The current deadline for the amending the pleadings is March 6, 2020. 5 2. Plaintiff has served discovery on Defendant Niboli which may impact 6 the pleadings in this matter. 7 3. Niboli’s discovery responses are currently due on February 17, 2020. 8 4. Niboli has requested that Plaintiff extend the deadline for Niboli to 9 respond to the outstanding discovery to March 6, 2020. 10 5. Plaintiff has no objection to providing the requested extension, 11 provided that it does not adversely affect Plaintiff’s ability to amend its pleadings. 12 6. Accordingly, the parties hereby stipulate to and request that the Court 13 extend the deadline to amend the pleadings to March 27, 2020. No prior extensions 14 of this subject matter have been sought by the parties, and the parties do not 15 anticipate that this extension will alter any of the other existing deadlines as set forth 16 in the Scheduling Order in this case. 17 18 Dated: February 11, 2020 DLA PIPER LLP (US) 19 By: s/ Noah A. Katsell 20 NOAH A. KATSELL KEVIN D. HARLOW 21 KIMBERLY HYDE 22 Attorneys for Plaintiff 23 J.R. SIMPLOT COMPANY 24 25 26 27 28 1 LANG, RICHERT & PATCH Dated: February 12, 2020 2 By: s/ Charles Trudrung Taylor (as 3 authorized on 2/12/2020) CHARLES TRUDRUNG TAYLOR 4 KIMBERLY L. MAYHEW 5 ALMA V. MONTENEGRO 6 Attorneys for Defendant 7 PETER NIBOLI OFFICES OF RUSSELL D. COOK 8 Dated: February 12, 2020 9 By: s/ Russell D. Cook (as authorized on 10 2/12/20) RUSSELL D. COOK 11 12 Attorney for Defendant SCOTT FOTH 13 14 Dated: February 12, 2020 MANOCK LAW 15 By: s/ Charles K. Manock (as authorized on 16 2/12/20) CHARLES K. MANOCK 17 18 Attorney for Defendant ALLEN HAYNES 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Having reviewed the stipulation, the parties are cautioned that the mere agreement of counsel 3 to an extension is not good cause for modification of a scheduling order. See Fed. R. Civ. P. 4 16(b). Here, the parties have not explained why they require additional time to complete the 5 discovery which they contend may impact amendment of the pleadings. See Johnson v. Mammoth 6 Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (“[Good cause] primarily considers the 7 diligence of the party seeking the amendment.”). Nonetheless, based upon the parties’ consent to 8 the extension and in the interest of justice, the Court finds that a limited continuance as requested 9 is warranted. 10 Accordingly, pursuant to the stipulation of the parties, the Court GRANTS the request to 11 modify the Scheduling Order. IT IS HEREBY ORDERED that the deadline for amendment of the 12 pleadings is extended to March 27, 2020. All other deadlines set forth in the Scheduling Order 13 remain unchanged. The parties are advised that no further extensions or modifications of the deadlines in this case will be granted absent a demonstrated showing of good cause. 14 15 16 IT IS SO ORDERED. 17 Dated: February 18, 2020 /s/ Barbara A. McAuliffe _ 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28