Filed: Sep. 11, 2014
Latest Update: Sep. 11, 2014
Summary: ORDER CAROL MIRANDO, Magistrate Judge. Before the Court is Plaintiff's Unopposed Motion for Enlargement of Case Management Deadlines and Supporting Memorandum (Doc. 63), filed on September 9, 2014. Plaintiff requests that the Court extend the deadlines for both Plaintiff's and Defendants' expert disclosures, extended by the Court's June 27, 2014 Order to September 11, 2014 and October 13, 2014, respectively, for an additional sixty (60) days. 1 See Doc. 60. The Local Rule 3.01(g) certifica
Summary: ORDER CAROL MIRANDO, Magistrate Judge. Before the Court is Plaintiff's Unopposed Motion for Enlargement of Case Management Deadlines and Supporting Memorandum (Doc. 63), filed on September 9, 2014. Plaintiff requests that the Court extend the deadlines for both Plaintiff's and Defendants' expert disclosures, extended by the Court's June 27, 2014 Order to September 11, 2014 and October 13, 2014, respectively, for an additional sixty (60) days. 1 See Doc. 60. The Local Rule 3.01(g) certificat..
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ORDER
CAROL MIRANDO, Magistrate Judge.
Before the Court is Plaintiff's Unopposed Motion for Enlargement of Case Management Deadlines and Supporting Memorandum (Doc. 63), filed on September 9, 2014. Plaintiff requests that the Court extend the deadlines for both Plaintiff's and Defendants' expert disclosures, extended by the Court's June 27, 2014 Order to September 11, 2014 and October 13, 2014, respectively, for an additional sixty (60) days.1 See Doc. 60. The Local Rule 3.01(g) certification represents that Defendant does not oppose the extension. Doc. 63 at 4.
Contrary to Plaintiff's assertion, extending the deadlines for Plaintiff's and Defendants' expert disclosures by sixty days will affect other case management deadlines.2 For example, a sixty day extension of those deadlines will result in Plaintiff's and Defendants' expert disclosures being due on November 10, 2014 and December 12, 2014, respectively. The Amended Case Management and Scheduling Order (Doc. 52), the operative scheduling order in this case, established a discovery deadline of December 1, 2014 and set this case for the May 4, 2015 trial term. As the case management report form, included with the Court's Related Case Order and Track Two Notice (Doc. 16), and the parties' Case Management Report (Doc. 30) state, the Court recommends that the last exchange of expert reports occur six months before trial and 1-2 months before the discovery deadline to allow expert depositions, and further that "all discovery must be commenced in time to be completed before [the discovery deadline]." Doc. 16 at 4 (emphasis added); Doc. 30 at 1-2 (emphasis added). As previously noted, if the Court were to grant the requested extension, Defendants' expert disclosures would be due on or before December 12, 2014 — eleven days after the discovery deadline and less than five months prior to the scheduled trial term.
Plaintiff contends that the deadlines for expert disclosures as they are currently set have been rendered impractical by the Court's recent Order granting in part Defendants' motion to dismiss Plaintiff's third amended complaint (Doc. 61) and Defendants' failure to produce requested discovery. See Doc. 63 at 3. Extending only the deadlines for expert disclosures, however, is also impractical. The motion will therefore be denied without prejudice. The parties are strongly encouraged to resolve discovery disputes immediately and amicably, without the need for Court intervention. In the event that the parties still believe an extension of the deadlines for expert disclosures is necessary, they should be prepared to request an extension of all pending case management deadlines and provide the Court with a stipulated proposed new case management schedule.
ACCORDINGLY, it is hereby
ORDERED:
Plaintiff's Unopposed Motion for Enlargement of Case Management Deadlines and Supporting Memorandum (Doc. 63) is DENIED without prejudice.
DONE and ORDERED.