Jason Call v. Sa Matt Badgley et al

Northern District of California, cand-4:2015-cv-03353


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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JASON CALL, 7 Case No. 15-cv-03353-HSG Plaintiff, 8 ORDER GRANTING MOTION FOR v. LEAVE TO EXTEND TIME FOR 9 FILING SECOND AMENDED SA MATT BADGLEY, et al., COMPLAINT 10 Defendants. Re: Dkt. No. 66 11 12 Northern District of California United States District Court 13 Pending before the Court is Plaintiff Jason Call's motion for leave to extend time to file a 14 second amended complaint ("SAC"). Dkt. No. 66. 15 Under Federal Rule of Civil Procedure 6(b)(1)(B), the Court may, for good cause, extend 16 time if a party has failed to act because of excusable neglect. To determine whether Plaintiff has 17 shown excusable neglect, the Court considers four factors: (1) the danger of prejudice to the 18 nonmoving parties; (2) the length of the delay; (3) the reason for the delay; and (4) whether the 19 moving party acted in good faith. See Linder v. Bridge, No. 14-CV-03861 SC, 2015 WL 20 1778608, at *2 (N.D. Cal. Apr. 17, 2015) (citing Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. 21 P'ship, 507 U.S. 380, 395 (1993)). 22 Having reviewed Plaintiff's motion and the County Defendants' declaration in opposition, 23 the Court finds that leave to file the SAC is warranted here. Plaintiff's counsel has established 24 that she acted diligently upon discovering her mistake, and the Court finds no evidence of bad 25 faith. In addition, the Court finds minimal risk of prejudice to the nonmoving parties given that 26 Plaintiff's SAC is less than two months late and all parties were aware that Plaintiff had been 27 given leave to file an SAC. 28 // 1 Accordingly, the Court GRANTS Plaintiff's motion for leave to extend time to file an 2 SAC. Plaintiff may file the SAC by November 14, 2016. 3 IT IS SO ORDERED. 4 Dated: 11/10/2016 5 ______________________________________ HAYWOOD S. GILLIAM, JR. 6 United States District Judge 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2