Filed: Sep. 30, 2019
Latest Update: Sep. 30, 2019
Summary: ORDER GRANTING IN PART THE PARTIES' STIPULATED REQUEST (Doc. 21) SHEILA K. OBERTO , Magistrate Judge . ORDER On September 13, 2019, the parties filed a "Joint Stipulation to Continue Discovery Deadlines" (the "First Stipulation") seeking a modification of the scheduling order to enlarge all deadlines, except the pretrial conference and trial dates, by approximately 60 days. (Doc. 19.) The parties stated they were unable to complete depositions by the October 1, 2019 non-expert discovery d
Summary: ORDER GRANTING IN PART THE PARTIES' STIPULATED REQUEST (Doc. 21) SHEILA K. OBERTO , Magistrate Judge . ORDER On September 13, 2019, the parties filed a "Joint Stipulation to Continue Discovery Deadlines" (the "First Stipulation") seeking a modification of the scheduling order to enlarge all deadlines, except the pretrial conference and trial dates, by approximately 60 days. (Doc. 19.) The parties stated they were unable to complete depositions by the October 1, 2019 non-expert discovery de..
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ORDER GRANTING IN PART THE PARTIES' STIPULATED REQUEST
(Doc. 21)
SHEILA K. OBERTO, Magistrate Judge.
ORDER
On September 13, 2019, the parties filed a "Joint Stipulation to Continue Discovery Deadlines" (the "First Stipulation") seeking a modification of the scheduling order to enlarge all deadlines, except the pretrial conference and trial dates, by approximately 60 days. (Doc. 19.) The parties stated they were unable to complete depositions by the October 1, 2019 non-expert discovery deadline and were "scheduling the remaining depositions for early October." (Id. at 2.) The Court denied the First Stipulation without prejudice, as the parties' failure to complete depositions by the deadline set forth in the scheduling order, without further explanation, did not show good cause to enlarge the remaining deadlines, and because the parties' proposed dates did not allow the Court adequate time to rule on dispositive motions prior to the pretrial conference. (Doc. 20.)
On September 30, 2019, the parties filed a renewed stipulation (the "Second Stipulation") including more details regarding their failure to complete depositions by the October 1, 2019 non-expert discovery deadline, and requesting that all dates, including the pretrial conference and trial dates, be extended. (Doc. 21.) In the Second Stipulation, the parties represent that they have scheduled Plaintiff's deposition for October 18, 2019, and are in the process of scheduling a deposition for another witness in October, and explain that they are unable to disclose experts until after they complete the depositions. (Id. at 2-3.)
The parties request that the Court modify the scheduling order dates as follows:
Event Current date Proposed Date or Deadline
Non-Expert Discovery Cut-off October 1, 2019 December 2, 2019
Expert Disclosures Deadline October 1, 2019 December 2, 2019
Rebuttal Expert Disclosures October 18, 2019 December 18, 2019
Deadline
Expert Discovery Cut-off November 1, 2019 January 10, 2020
Non-Dispositive Motions November 15, 2019 January 15, 2020
filing deadline
Non-Dispositive Motions December 18, 2019 February 18, 2020
hearing deadline
Dispositive Motion filing November 15, 2019 January 15, 2020
deadline
Dispositive Motion hearing January 8, 2020 March 11, 2020
deadline
Settlement Conference October 24, 2019 No continuance requested
Pre-Trial Conference March 4, 2020 April 1, 2020 or as soon
thereafter as permitted by the
Court
Trial April 28, 2020 May 5, 2020 or as soon
thereafter as permitted by the
Court
Based on the parties' representations in the Second Stipulation, the Court finds good cause to extend the non-expert discovery deadline to October 18, 2019, to allow the parties time to complete their depositions and any additional discovery, and to extend the expert disclosures, rebuttal expert disclosures, and expert discovery deadlines accordingly. The parties failed to show good cause to extend the remaining deadlines, however, and those deadlines will not be extended.
Accordingly, IT IS HEREBY ORDERED that:
The non-expert discovery deadline is EXTENDED to October 18, 2019, the expert disclosures deadline is EXTENDED to October 25, 2019, the rebuttal expert disclosures deadline is EXTENDED to November 1, 2019, and the expert discovery deadline is EXTENDED to November 8, 2019. All other dates and deadlines remain unchanged.
IT IS SO ORDERED.
