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

Filing 233

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No. 11-cv-02514 YGR (NC)

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CENTURY ALUMINUM COMPANY, et al.,

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Plaintiffs,

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ORDER DENYING
STIPULATION TO EXTEND
DISCOVERY DEADLINE

v.
Re: Dkt. No. 225
AGCS MARINE INSURANCE CO.,

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Defendant.

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This order addresses the stipulated request to further extend by two weeks the

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deadline for expert discovery in this case. Dkt. No. 225. The present deadline is

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October 5, 2012. The asserted reason for the request is that one of the defendant’s

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attorneys, John Nicoletti, underwent eye surgery on September 5. This Court commonly

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grants joint scheduling requests, but exercises its discretion here to deny the request for

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the following reasons:

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(1) This is the second requested extension of expert discovery. The Court

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previously extended the deadline from August 31 to October 5. Dkt. No. 175. The

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Court finds that the parties have not established diligence in taking advantage of the first

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extension.

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Case No. 11-cv-02514 YGR (NC)
ORDER DENYING STIPULATION

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(2) The requested extension will likely delay trial preparations. Under the

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schedule set by District Judge Gonzalez Rogers, pretrial statements are due November 2,

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the pretrial conference is November 16, and trial is December 3. If the parties are to

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meet these trial deadlines, they need to complete expert discovery within the current time

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period. If the parties desire to modify the trial schedule, that request must be directed to

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the trial judge. And,

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(3) Mr. Nicoletti is one of seven attorneys, from two prominent law firms,

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appearing for defendant in this case. The motion does not establish how defendant

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would be prejudiced if he is not able to participate fully in the remaining expert

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discovery. To the contrary, in the week since Mr. Nicoletti had surgery, defendant has

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filed two motions, five declarations (including one executed by Mr. Nicoletti, Doc. No.

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227), and two discovery letter briefs. His colleagues appear to be gamely stepping into

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the breach caused by his temporary absence.

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For these reasons, the stipulated request to extend expert discovery is DENIED.

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IT IS SO ORDERED.

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DATED: September 12, 2012

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____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 11-cv-02514 YGR (NC)
ORDER DENYING STIPULATION

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