Biological Dynamics, Inc. v. Exokeryx, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Dana M. Sabraw (author)
Analysis
Defendant Exokeryx, Inc. filed an ex parte application for an extension of time to answer the Complaint, which Plaintiff opposed. The Court granted the extension in part, setting a new deadline of April 23, 2024, rather than the requested May 10, 2024.
| What the court decided | The model |
|---|---|
Defendant's ex parte application for an extension of time to answer/respond to the Complaint is granted in part and denied in part.“Accordingly, the Court grants Defendant’s request for an extension of time, but declines to extend the time to May 10, 2024. Instead, Defendant file its response to Plaintiff's Complaint on or before April 23, 2024.” | agree with court The court correctly applied the 'good cause' standard under Rule 6(b)(1)(A). The order recites that the request was made before the deadline expired and cites the Ninth Circuit precedent that such requests should normally be granted absent bad faith or prejudice. The court found good cause existed but exercised its discretion to shorten the extension based on the parties' familiarity with the issues. This is a standard exercise of judicial discretion in managing the docket. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable rule (Rule 6(b)(1)(A)) and the controlling Ninth Circuit standard (Ahanchian). It addresses the parties' arguments (due diligence vs. good cause, prejudice) and provides a specific, reasoned basis for modifying the requested deadline (parties' familiarity with the issues). It does not skip any necessary legal steps for a simple scheduling order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 23cv1664 DMS (JLB) BIOLOGICAL DYNAMICS, INC., 11 Plaintiff, ORDER GRANTING IN PART AND 12 v. DENYING IN PART DEFENDANT’S EX PARTE APPLICATION FOR AN 13 EXOKERYX, INC., EXTENSION OF TIME TO 14 Defendant. ANSWER/RESPOND TO THE COMPLAINT 15 16 17 This case comes before the Court on Defendant’s ex parte application for an 18 extension of time to answer or respond to the Complaint. Plaintiff opposes the application. 19 Federal Rule of Civil Procedure 6(b) states, “When an act may or must be done 20 within a specified time, the court may, for good cause, extend the time: (a) with or without 21 motion or notice if the court acts, or if a request is made, before the original time or its 22 extension expires[.]” Fed. R. Civ. P. 6(b)(1)(A). “’Good cause’ is a non-rigorous standard 23 that has been construed broadly across procedural and statutory contexts.” Ahanchian v. 24 Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). Requests to extend time made 25 before the applicable deadline has passed “should ‘normally … be granted in the absence 26 of bad faith on the part of the party seeking relief or prejudice to the adverse party.’” Id. 27 (quoting 4B Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 28 1165 (3d ed. 2004)). 1 Here, Defendant equates the good cause standard with a due diligence inquiry, 2 ||argues it was diligent in bringing this request to the Court, and that the Court should 3 || therefore extend its time to respond to the Complaint. Plaintiff responds that due diligence 4 not the inquiry here, and that it will be prejudiced if the Court grants the requested 5 || extension. 6 Having considered the parties’ arguments, the Court finds good cause to extend the 7 for Defendant to respond to the Complaint. However, the Court finds the requested 8 ||extension is longer than necessary given the parties lengthy history and their familiarity 9 || with the issues in this case. Accordingly, the Court grants Defendant’s request for an 10 extension of time, but declines to extend the time to May 10, 2024. Instead, Defendant 11 file its response to Plaintiff's Complaint on or before April 23, 2024. 12 IT IS SO ORDERED. 13 ||Dated: April 12, 2024 em Dh 14 an Yn. 15 Hon. Dana M. Sabraw, Chief Judge United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28