Johnson v. Golden Empire Transit District et al

Filing 32

ORDER GRANTING IN PART 31 Stipulation to Extend Expert Discovery Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 2/2/2016. Expert Disclosures due by 4/1/2016; Rebuttal Experts disclosed by 4/29/2016; Expert Discovery Cut-off 5/20/2016. Non-Dispositive Motion Deadlines: Filed by 5/27/2016; Hearing by 6/27/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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LATOYA JOHNSON, an individual,
Plaintiff,

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Case No. 1:14-cv-01841-JLT
ORDER GRANTING IN PART
STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINES

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v.

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GOLDEN EMPIRE TRANSIT DISTRICT; (Doc. 31)
TODDASH KIM; DOES 1 through 100,

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Defendants.
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On November 25, 2015, counsel submitted a stipulation to extend non-expert discovery

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deadlines. (Doc. 29) Due to reviewing the mid-discovery status report, filed on October 9, 2015,

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the Court was aware that counsel were having some difficulties completing discovery due to

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health issues suffered by Plaintiff’s counsel. (Doc. 28 at 2) Thus, the Court granted the

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stipulation on November 30, 2015 and extended the non-expert discovery deadline as requested.

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(Doc. 30 at 2) In that order, the Court observed, “This extension will mean that experts will have

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to be disclosed before the non-expert discovery deadline passes, but, presumably, counsel was

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aware of this when they suggested the March deadline.” Id. at 1. Counsel did not respond or

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make any other effort to disabuse the Court of this notion.

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More than two months later, on February 1, 2016, the parties filed another stipulation,

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this time to extend the expert disclosure deadlines. (Doc. 31) Counsel report, “The parties

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inadvertently failed to realize that the existing deadline to disclose experts and exchange expert

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reports is set for February 2, 2016, long before the continued deadline to complete non-expert

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discovery. The parties must complete discovery and have an opportunity for their experts to

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prepare their reports before they will be in a position to comply with this deadline.” Id. at 1-2.

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Counsel offer no explanation why they failed to appreciate the date for the expert disclosure

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deadline despite the Court’s order on November 30, 2015, which clearly reminded them of it.

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They also do not explain why they failed to recognize in the intervening months that the expert

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disclosure deadline was approaching. Finally, they fail to describe the discovery they still have

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to complete, why they cannot complete it before the very last day allowed or how this discovery

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impacts their ability to produce their expert disclosures.

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Once entered by a court, a scheduling order “controls the course of the action unless the

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court modifies it.” Fed. R. Civ. P. 16(d). Scheduling orders are “not a frivolous piece of paper,

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idly entered, which can be cavalierly disregarded by counsel without peril.”

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Mammoth Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992) (quoting Gestetner Corp. v. Case

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Equip. Co., 108 F.R.D. 138, 141 (D. Maine 1985)). Moreover, good cause must be shown for

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modification of the scheduling order. Fed. R. Civ. P. 16(b)(4); Johnson, 975 F.2d at 609.

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Johnson v.

The situation is one of counsel’s own making. However, the Court will not allow the

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parties’ cases to suffer due to the attorneys’ failure to be attentive to the dates in the case

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schedule. Thus, the Court will modify the case schedule to some extent as follows:

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Expert disclosures SHALL occur no later than 4/1/16;

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2.

Rebuttal experts SHALL be disclosed no later than 4/29/16;

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3.

All expert discovery SHALL be completed no later than 5/20/16;

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4.

Non-dispositive motions may be filed no later than 5/27/16 and heard no later

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than 6/27/16.

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Absolutely no further amendments to the case schedule will be entertained.

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IT IS SO ORDERED.
Dated:

February 2, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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