U.S. District Judge Noél Wise issued the order on Jan. 21, 2026, in Koeppel, as an individual and as Trustee for the Koeppel Family Trust et al v. Wilker et al.
The court had issued a scheduling order on June 13, 2025, setting the deadline for dispositive and Daubert motions at Oct. 14, 2025.
Neither party filed any such motions by that date.
When the court vacated a December 2025 hearing on Dec. 9, 2025, the docket text expressly reminded the parties that all other dates set pursuant to the scheduling order remained as scheduled.
Plaintiffs filed the pending motion to exclude testimony of Defendants' expert witness Hansen under Federal Rule of Evidence 702 and Daubert on Jan. 20, 2026.
Wise noted that a scheduling order may be modified only for good cause and with the judge's consent.
The Ninth Circuit has articulated the good cause standard as primarily considering the diligence of the party seeking the amendment.
Wise cited Johnson v. Mammoth Recreations, Inc. for the principle that "carelessness is not compatible with a finding of diligence and offers no reason for a grant of relief."
The judge found that the plaintiffs' decision to file the motion without seeking leave of court, or referencing the existence of a deadline long-since expired, made a finding of diligence under Rule 16(b) impossible.
Because the court found the plaintiffs were not diligent, the "good cause" inquiry ended, and the court need not inquire as to the degree of prejudice suffered by the defendant.
The court struck the motion as untimely and ordered the plaintiffs not to refile the motion.