Century Aluminum Company et al v. AGCS Marine Insurance Co.

Filing 233

Order denying 225 Stipulation entered by Magistrate Judge Nathanael M. Cousins.

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 Case No. 11-cv-02514 YGR (NC) 10 CENTURY ALUMINUM COMPANY, et al., 11 Plaintiffs, 12 13 14 ORDER DENYING STIPULATION TO EXTEND DISCOVERY DEADLINE v. Re: Dkt. No. 225 AGCS MARINE INSURANCE CO., 15 Defendant. 16 17 18 This order addresses the stipulated request to further extend by two weeks the 19 deadline for expert discovery in this case. Dkt. No. 225. The present deadline is 20 October 5, 2012. The asserted reason for the request is that one of the defendant’s 21 attorneys, John Nicoletti, underwent eye surgery on September 5. This Court commonly 22 grants joint scheduling requests, but exercises its discretion here to deny the request for 23 the following reasons: 24 (1) This is the second requested extension of expert discovery. The Court 25 previously extended the deadline from August 31 to October 5. Dkt. No. 175. The 26 Court finds that the parties have not established diligence in taking advantage of the first 27 extension. 28 Case No. 11-cv-02514 YGR (NC) ORDER DENYING STIPULATION 1 (2) The requested extension will likely delay trial preparations. Under the 2 schedule set by District Judge Gonzalez Rogers, pretrial statements are due November 2, 3 the pretrial conference is November 16, and trial is December 3. If the parties are to 4 meet these trial deadlines, they need to complete expert discovery within the current time 5 period. If the parties desire to modify the trial schedule, that request must be directed to 6 the trial judge. And, 7 (3) Mr. Nicoletti is one of seven attorneys, from two prominent law firms, 8 appearing for defendant in this case. The motion does not establish how defendant 9 would be prejudiced if he is not able to participate fully in the remaining expert 10 discovery. To the contrary, in the week since Mr. Nicoletti had surgery, defendant has 11 filed two motions, five declarations (including one executed by Mr. Nicoletti, Doc. No. 12 227), and two discovery letter briefs. His colleagues appear to be gamely stepping into 13 the breach caused by his temporary absence. 14 For these reasons, the stipulated request to extend expert discovery is DENIED. 15 IT IS SO ORDERED. 16 17 DATED: September 12, 2012 18 19 20 ____________________________ NATHANAEL M. COUSINS United States Magistrate Judge 21 22 23 24 25 26 27 28 Case No. 11-cv-02514 YGR (NC) ORDER DENYING STIPULATION 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?