Codding v. Allstate Fire and Casualty Insurance Company et al

Filing 32

ORDER by Magistrate Judge Nina Y. Wang on 2/9/16. The Motion for Extension of Deadlines 30 is GRANTED; Defendant Allstate's Joinder in Defendant Viking's Motion for Extension of Deadlines 31 is GRANTED. Discovery due by 6/8/2016. Dispositive Motions due by 7/8/2016. Final Pretrial Conference set for 9/12/2016 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01185-NYW
JAMES H. CODDING,
Plaintiff,
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, and
VIKING INSURANCE COMPANY OF WISCONSIN,
Defendants.

ORDER
Magistrate Judge Nina Y. Wang
This matter is before the court on Defendant Viking Insurance Company of Wisconsin’s
Motion for Extension of Deadlines (the “Motion for Extension”). [#30, filed Feb. 5, 2016]. The
Motion for Extension is before the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(c)
and the Order of Reference dated July 17, 2015 [#20]. In addition, Defendant Allstate Fire and
Casualty Insurance Company filed a Joinder in Defendant Viking’s Motion for Extension of
Deadlines [#31, filed February 8, 2016].
BACKGROUND
Defendant Viking Insurance Company of Wisconsin (“Viking”) moves for a 60-day
extension of time to designate experts and provide the parties with all information specified in
Fed. R. Civ. P. 26(a)(2), to designate rebuttal experts, to complete discovery, and to file
dispositive motions.

[#30 at 1].

Viking represents that good cause exists for the requested

extension because as of the date of its filing of the Motion for Extension, it had not yet received a
large volume of potentially-relevant medical records pertaining to the Plaintiff in this case, Mr.
James Codding. [#30 at 3]. Because the issues in this case arise out of an automobile accident in
which Mr. Codding was injured and the insurance claims he made pertaining to his injuries from
that accident, Viking represents that it must obtain and review the yet-undisclosed medical
records before it can determine whether medical experts may be required and prepare to serve
those expert disclosures.

[#30 at 3]. Viking states that it has been working with Plaintiff’s

counsel since November 2015 to obtain the records, but Plaintiff’s counsel has represented that it
has taken longer than expected to obtain them from the VA, which maintains them. [#30 at 3].
Viking states that it conferred with the other Parties prior to filing the Motion for an
Extension and that Defendant Allstate Fire and Casualty Insurance Company is not opposed to
the Motion. [#30 at 1]. Viking represents that Plaintiff is opposed to a 60-day extension, but
would not oppose a 30-day extension. [#30 at 2].
ANALYSIS
A motion to amend a scheduling order must be made pursuant to Fed. R. Civ. P. 16(b)(4)
on a showing of good cause. Amendments to the scheduling order are granted with the judge’s
consent.

Id.

To establish good cause, a party must demonstrate that it has been diligent in

attempting to the meet the deadlines, which means it must provide an adequate explanation for
any delay. Lehman Bros. Holdings, Inc. v. Universal Amer. Mortg’g Co., LLC, 300 F.R.D. 678,
681 (D. Colo. 2014).
Here, the court finds that Viking has established good cause for the proposed 60-day
extension. Viking represents that to-date it has been unable to obtain medical records that it has

been diligently pursuing regarding Plaintiff’s medical care, and that these medical records are
important to its case and its ability to prepare expert disclosures by the deadline in the
Scheduling Order. Accordingly, the court will grant Viking’s Motion for Extension. However,
no further extensions will be granted absent extraordinary circumstances.
The amended deadlines in this case are as follows.

All other case deadlines in the

Scheduling Order [#23] remain unchanged.
Event
Designation of experts
Designation of rebuttal
experts
Discovery cut-off

Original Deadline 1
February 8, 2016
March 8, 2016

Amended Deadline
April 8, 2016
May 9, 2016

April 8, 2016

June 8, 2016

Dispositive motions due
Final Pretrial Conference

May 9, 2016
July 12, 2016 at 10:30 a.m.

July 8, 2016
September 12, 2016 at 10:30
a.m.
A Final Pretrial Order shall
be prepared by the parties
and submitted to the court no
later than seven (7) days
before the final pretrial
conference.

For the reasons set out above, IT IS ORDERED that:
(1)

The Motion for Extension of Deadlines [#30] is GRANTED;

(2)

Defendant Allstate’s Joinder in Defendant Viking’s Motion for Extension of

Deadlines [#31] is GRANTED.

1

See [#23].

DATED: February 8, 2016

BY THE COURT:

s/Nina Y. Wang__________
United States Magistrate Judge