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- cod;;1:16-cv-02239_de100 RegisterActionDate "2018-10-22" @default.
- cod;;1:16-cv-02239_de100 RegisterActionDescriptionText "ORDER denying 97 Motion for Extension of Time to File. Federal Rule of Civil Procedure 16(b)(4) allows modification of a scheduling order "only for good cause and with the judge's consent." "Demonstrating good cause under the rule 'requires the moving party to show that it has been diligent in attempting to meet the deadlines, which means it must provide an adequate explanation for any delay.'" Strope v. Collins, 315 F. Appx 57, 61 (10th Cir. 2009) (quoting Minter v. Prime Equip. Co., 451 F.3d 1196, 1205 n.4 (10th Cir. 2006)); see Lehman Bros. Holdings Inc. v. Universal Am. Mortg. Co., 300 F.R.D. 678, 681 (D. Colo. 2014). Here, Plaintiff's explanation for his proposed additional six-week extension of the discovery deadline is that he has discovered "new and previously unknown information" contained in documents produced by Defendants, and has "identified previously unknown witnesses who may be relevant and may be able to provide critical testimony in this matter." 97 Plaintiff does not identify the nature of the new information, or the previously unknown witnesses. Plaintiff offers no explanation as to his diligence in attempting to meet the discovery deadline, and provides no detail as to the delay in identifying additional witnesses, or why the new information he describes could not be discovered earlier. Even if Plaintiff could not have discovered the purportedly new information until Defendants produced documents on 10/4/2018, Plaintiff waited until the last minute to file the instant Motion. This matter has been pending for over two years, and the Court previously granted Plaintiff a two-month extension of the discovery deadline. 91 For the foregoing reasons, Plaintiff's Motion 97 is DENIED. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/22/2018. Text Only Entry (stvlc2, ) (Entered: 10/22/2018)" @default.
- cod;;1:16-cv-02239_de100 AdministrativeID "101" @default.
- cod;;1:16-cv-02239_de100 OntologyLabel order @default.
- cod;;1:16-cv-02239_de100 hasReferenceToOtherEntry cod;;1:16-cv-02239_de96 @default.