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MD Helicopters Incorporated v. Boeing Co.

United States District Court, D. Arizona

January 29, 2019

MD Helicopters Incorporated, Plaintiff,
v.
Boeing Company, Defendant.

          ORDER

          James A. Teilborg Senior United States District Judge

         Discovery in this case closed on January 25, 2019. After the close of business on the day discovery closed, Defendant filed a motion for the issuance of letters rogatory to allow Defendant to depose a witness (“Deponent”) in Mexico. (Doc. 120). Defendant also asked that it be allowed to “pursue this limited letter rogatory discovery after the close of discovery on January 25, 2019.” (Id. at 120). Plaintiff does not oppose this request.

         Rule 16 applies to pretrial conferences and scheduling orders. This Rule provides, in pertinent part:

(b)
(1) Except in categories of actions exempted by local rule, the district judge . . . must issue a scheduling order:
(A) after receiving the parties' report under Rule 26(f);
or
(B) after consulting with the parties' attorneys and any unrepresented parties at a scheduling conference or by telephone, mail, or other means.

. . . .

(3)
(A) The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.

. . . .

         (4) A schedule may be modified only for good cause and with the judge's consent.

         “…Rule 16(b)'s ‘good cause' standard primarily considers the diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Generally, to meet its burden under Rule ...


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