Lohr v. Zehner et al

Filing 96

ORDER denying 95 Motion to Continue and reset trial date, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 1/22/2014. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

RICHARD I. LOHR, II, as
)
Administrator of the Estate )
of Charles David Fancher,
)
Deceased,
)
)
Plaintiff,
)
)
v.
)
)
JOSEPH EARL ZEHNER, III,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:12cv533-MHT
(WO)

ORDER
It is ORDERED that the motion to continue and reset
trial date (Doc. No. 95) is denied.
***
Not only did the movants wait until almost the eve of
the

defendants’

expert-report

deadline

to

request

an

extension of that deadline, see uniform scheduling order,
¶ 15(b) (Doc. No. 19) (“Absent stated unforeseen and
unavoidable

circumstances

beyond

the

control

of

the

movant, ... ‘eleventh hour’ extension requests and motions

will be denied outright.”), the court, by order entered on
August 16, 2013 (Doc. No. 87), has already granted a
comprehensive

and

substantial

extension

once

before,

continuing the pretrial and the trial for approximately 10
and 11 months, respectively, from date of that order and
with various pretrial deadlines adjusted in light of the
continuance.
DONE, this the 22nd day of January, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE