Nippon Zoki Pharmaceutical Co., LTD. v. The Regents of the University of California
3:16-cv-00779
S.D. Cal.Apr 19, 2017Background
- This is a motion in a SD Cal civil case Nippon Zoki Pharmaceutical Co., Ltd. v. The Regents of the University of California.
- A Scheduling Order, FRCP 16(b)(3), set July 21, 2017 as the completion date for fact discovery.
- Parties jointly moved on April 17, 2017 to extend fact discovery by sixty days.
- The motion argues that ESI collection and exchange are more extensive than anticipated.
- The court denies the motion for lack of demonstrated good cause and dismisses it without prejudice.
- If a new extension is sought, the parties must provide detailed information supporting diligence and the believability of remaining discovery timelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good cause supports extending fact discovery. | N/A | N/A | No; extension denied for lack of diligence and specifics. |
| Whether the parties showed diligence in pursuing discovery. | N/A | N/A | No; insufficient detail on timing and scope of discovery efforts. |
Key Cases Cited
- Jackson v. Laureate, Inc., 186 F.R.D. 605 (E.D. Cal. 1999) (good-cause focus on movant's diligence in Rule 16(b) extensions)
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992) (Rule 16(b) good-cause standard hinges on reasonableness of diligence)
- Noyes v. Kelly Servs., 488 F.3d 1163 (9th Cir. 2007) (good cause analysis emphasizing diligence and unforeseen developments)
- Janicki Logging Co. v. Mateer, 42 F.3d 561 (9th Cir. 1994) (scheduling order controls and must be adhered to diligently)