Schreckengast et al v. Carollo et al

Filing 141

ORDER CONTINUING Trial until further notice. The parties' representatives are hereby DIRECTED to appear at the 1st Floor Courtroom in Savannah, Georgia at 9:00 AM on June 27, 2017 for a hearing. The trial schedule will be resolved at that time. ORDER GRANTING 128 Motion in Limine insofar as the deposition scheduled for this afternoon, June 23, 2017, is AVOIDED. Signed by Judge Lisa G. Wood on 6/23/2017. (csr)

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3n t|ie ?l9niteb ^tatzst Bisstritt Cottirt foir t|ie ^otitlieni Bissttict of 4leotgfa ^oOonnaib Bibisiiott JOHN PATRICK SCHRECKENGAST & ANDREA SCHRECKENGAST, Plaintiffs, CANNON COCHRAN MANAGEMENT SERVICES, INC., Intervenor-Plaintiff, CV 416-38 V. CHARLES S. CAROLLO, individually, INWAY, & LANDSTAR INC., Defendants. ORDER This case will be CONTINUED. There are four factors [a court] generally consider[s] in determining whether a trial continuance is warranted. First, we examine the diligence of the party requesting the continuance to ready the case prior to the date set for trial. Second, we consider the likelihood that the need for a continuance granted. could Third, we have been met if a continuance was examine the extent to which granting the continuance would have been an inconvenience to the court and the opposing party. Fourth, we consider the extent to which the requesting party might have suffered harm as a result of the . . . court's denial of the continuance. factor we entertain is whether the . prior continuance in the case. A072A (Rev. 8/82) . . Another relevant court has granted a SEC V. Levin, 849 F.3d 995, 1005 {11th Cir. 2017). Despite some degree of diligence from both parties in preparing this case for trial, five major motions were filed in the past two days. brief continuance. These issues can be resolved given a The continuance is an inconvenience to the Court, but allows it the benefit of adequate time to consider and resolve the outstanding motions. would inconvenience Defendants, Although a' continuance it is not Defendants raised the possibility of one resolution for one of their June 21 uncontemplated: as an alternative motions. Dkt. No. 127. Plaintiffs might have suffered serious harm from the denial of a continuance, in that they may have been needlessly deprived of potentially significant medical expert testimony. Lastly, the Court has not granted any prior continuances in this case. Therefore, The parties' the the case is CONTINUED until 27, notice. representatives are hereby DIRECTED to appear at Ist Floor Courtroom in Savannah, June further 2017 for a hearing motions in this case: on Georgia at 9:00 AM on following outstanding the Dkt. Nos. 127-29, 131, 138. The trial schedule will be resolved at that time. Defendants' Mazzeo, dkt. a is A0 72A (Rev. 8/82) Motion to Avoid Deposition Dr. Paul no. 128, will be further argued and addressed if need to do so remains at the June 27 hearing. GRANTED of insofar as the deposition However, scheduled for it this afternoon, June 23, 2017, is AVOIDED. party who wants to depose a person . . . must give reasonable written notice to every other party." Fed. R. Civ. P. 30(b)(1). '"If the notice is not reasonable, the deposition may be avoided Adiqun Scripts, 959583, v. Express at *5 Noticing a deposition unreasonable. Co., No. 10, 2017) Mar. five Kolon Indus. days Inc. the 2:16-CV-39, v. . . ." 2017 WL (citations omitted). in advance E.I. 748 F.3d 160, 173 (4th Cir. 2014) deposition). Given (S.D. Ga. Inc., . has been held DuPont de Nemours & (upholding barring of Defendants were given two fewer days than that. continuance, there is no reason to force deposition to proceed on so little notice. SO ORDERED, this 23rd day of June, 2017. HON. MlISA GODBEYtWOOD, JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA A0 72A (Rev. 8/82) the

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