J.R. Simplot Company v. Niboli

1 NOAH A. KATSELL (Bar No. 217090) [email protected] KEVIN D. HARLOW (Bar No. 265565) [email protected] KIMBERLY S. HYDE (Bar No. 274623) [email protected] DLA PIPER LLP (US) B Street, Suite 1700 San Diego, CA 92101 Tele: 619.699.2700 AMANDA MORGAN (Bar No. 246277) [email protected] DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105 Tele: 415.836.2500 MICHAEL G. WOODS (Bar No. 58683) [email protected] McCormick Barstow, LLP 7647 North Fresno Street P.O. Box 28912 Fresno, CA 93729-8912 Tele: 559.433.1300 Attorneys for Plaintiff J.R. SIMPLOT COMPANY 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 FRESNO DIVISION J.R. SIMPLOT COMPANY, NO. 1:19-CV-00667-DAD-BAM 21 STIPULATION AND ORDER Plaintiff, EXTENDING DEADLINE TO 22 v. AMEND PLEADINGS PETER NIBOLI, an individual; ALLEN HAYNES, an individual; and SCOTT FOTH, an individual, Defendants.

1 Pursuant to Eastern District of California Local Rule 143, Plaintiff J.R. Simplot Company (“Simplot”) and Defendants Peter Niboli, Allen Haynes, and 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 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 respond to the outstanding discovery to March 6, 2020.

10 5. Plaintiff has no objection to providing the requested extension, 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 extend the deadline to amend the pleadings to March 27, 2020. No prior extensions of this subject matter have been sought by the parties, and the parties do not anticipate that this extension will alter any of the other existing deadlines as set forth in the Scheduling Order in this case.

18 Dated: February 11, 2020 DLA PIPER LLP (US) By: s/ Noah A. Katsell 20 NOAH A. KATSELL KEVIN D. HARLOW KIMBERLY HYDE Attorneys for Plaintiff J.R. SIMPLOT COMPANY LANG, RICHERT & PATCH Dated: February 12, 2020 By: s/ Charles Trudrung Taylor (as 3 authorized on 2/12/2020) CHARLES TRUDRUNG TAYLOR KIMBERLY L. MAYHEW 5 ALMA V. MONTENEGRO Attorneys for Defendant 7 PETER NIBOLI OFFICES OF RUSSELL D. COOK Dated: February 12, 2020 9 By: s/ Russell D. Cook (as authorized on 10 2/12/20) RUSSELL D. COOK 12 Attorney for Defendant SCOTT FOTH Dated: February 12, 2020 MANOCK LAW 15 By: s/ Charles K. Manock (as authorized on 16 2/12/20) CHARLES K. MANOCK 18 Attorney for Defendant ALLEN HAYNES

1 ORDER 2 Having reviewed the stipulation, the parties are cautioned that the mere agreement of counsel to an extension is not good cause for modification of a scheduling order. See Fed. R. Civ. P. 16(b). Here, the parties have not explained why they require additional time to complete the discovery which they contend may impact amendment of the pleadings. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (“[Good cause] primarily considers the diligence of the party seeking the amendment.”). Nonetheless, based upon the parties’ consent to the extension and in the interest of justice, the Court finds that a limited continuance as requested is warranted.

10 Accordingly, pursuant to the stipulation of the parties, the Court GRANTS the request to modify the Scheduling Order. IT IS HEREBY ORDERED that the deadline for amendment of the pleadings is extended to March 27, 2020. All other deadlines set forth in the Scheduling Order 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.

16 IT IS SO ORDERED.

17 Dated: February 18, 2020 /s/ Barbara A. McAuliffe _ 18 UNITED STATES MAGISTRATE JUDGE