PMA Companies v. Genox Transportation, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Ruth Bermudez Montenegro (author)
Analysis
The court considered a joint motion by multiple parties to extend the deadline to join parties, amend pleadings, and file additional pleadings. The court granted the motion, extending the deadline to June 21, 2021, based on a showing of good cause.
| What the court decided | The model |
|---|---|
Joint Motion to Extend Time to Join Additional Parties, Amend Pleadings, and File Additional Pleadings granted“Good cause appearing, the joint motion is GRANTED.” | agree with court The court applied the correct legal standard for modifying a scheduling order under Federal Rule of Civil Procedure 16(b)(4), which requires a showing of good cause. The parties alleged that new counsel for one party was analyzing indemnity issues and that another defendant had not yet appeared. While the order does not detail the specific analysis of why these facts constitute 'good cause' beyond stating that it appears, the decision is a standard procedural ruling that follows from the cited rule and the parties' joint request. The court correctly noted that all other dates remain operative. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable rule (Rule 16(b)(4)) and the relevant case law (Johnson v. Mammoth Recreations) governing the modification of scheduling orders. The court finds good cause based on the parties' allegations regarding new counsel and a non-appearing defendant. While the reasoning is brief, it is sufficient for a routine procedural order granting a joint motion to extend deadlines.
Opinion
3 . 4 5 6 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PMA COMPANIES, Case No.: □□□□□□□□□□□□□□□□□□□□□ □ 12 Plaintiff, . y ORDER GRANTING JOINT 13)" MOTION TO EXTEND TIME TO 14 || GENOX TRANSPORTATION, INC., et. | JOIN ADDITIONAL PARTIES, al., AMEND PLEADINGS, AND FILE 15 ADDITIONAL PLEADINGS 16 Defendants. \7 || APPLIED LNG TECHNOLOGIES, LLC, | !Po¢s: 23> 361 18 Cross-Claimant, 19 || v. 20 || L AIRD TRANSPORTATION, LLC, 1 || GENOX TRANSPORTATION, INC. 22 Cross-Defendants. 23 || ,ppLIED LNG TECHNOLOGIES, LLC, 24 Third Party Plaintiff,| 25 Vv. : 26 || CLEANCOR LNG, LLC, JASON 28 Third Party Defendants.
1 On May 20, 2021, Plaintiff PMA Companies, Defendant Genox Transportation, Inc., 2 ||Third Party Plaintiff Applied LNG Technologies, LLC and Third Party Defendant 3 ||Cleancor LNG, LLC filed a joint motion for a thirty-day extension of time to join other 4 parties, amend the pleadings, and file additional pleadings. (Doc. 36 at 2.) The parties 5 allege good cause exists to modify the Court’s March 22, 2021 Scheduling Order (Doc. 23) 6 || because Cleancor recently obtained new counsel who are diligently analyzing indemnity 7 |;issues and determining whether new parties should be added. (/d.) Additionally, 8 || Defendant Laird Transportation, LLC has yet to appear. (Id.) 9 | A scheduling order may be modified only upon a showing of good cause and with 10 || the judge’s consent. FED. R. CIV. P. 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, 11 975 F.2d 604, 609 (9th Cir. 1992) (stating, “the focus of [the good cause] inquiry is 12 || upon the moving party’s reasons for seeking modification.”). 13 Good cause appearing, the joint motion is GRANTED. IT IS HEREBY 14 |} ORDERED that the Court’s March 22, 2021 Scheduling Order is hereby amended as 15 follows: any motion to joint other parties, to amend the pleadings, or to file additional 16 || pleadings shall be filed by June 21,2021. All other dates in the March 22, 2021 Scheduling 17 || Order remain operative. 18 ITIS SO ORDERED. . 19 || Dated: May 21, 2021 Prbeadeiaaes 21 . HON. RUTH BERMUDEZ MONTENEGRO 29 UNITED STATES MAGISTRATE JUDGE 23 . . 24 25 26 ||