Remy v. HCC Life Insurance Company

Filing 17

MEMORANDUM AND ORDER denying as moot 14 Motion to Compel Deposition Testimony and for Continuance of Discovery Deadlines; granting in part and denying in part 15 Motion to Amend Scheduling Order. Fact Discovery deadline 5/1/2018. See Order for additional deadlines. Signed by Magistrate Judge Gerald L. Rushfelt on 3/1/18. (kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CONNIE REMY,
Plaintiff,
v.

Case No. 17-2267-CM

HCC LIFE INSURANCE COMPANY,
Defendant.

MEMORANDUM AND ORDER
Before the Court is Plaintiff’s Motion to Compel Deposition Testimony and for
Continuance of Discovery Deadlines (ECF 14) and the parties’ Joint Status Report and Motion to
Amend Scheduling Order to Extend Certain Deadlines (ECF 15). In their joint motion, the
parties inform the Court they have resolved the dispute that prompted Plaintiff to file her motion
to compel. Therefore, that motion is denied as moot.
The parties have submitted a proposed revised scheduling order. For good cause, the
Court grants the motion in part and denies the motion in part, and revises the scheduling order as
follows:

SUMMARY OF DEADLINES AND SETTINGS
Event
All Fact discovery completed
Experts disclosed by plaintiff
Experts disclosed by defendant
Rebuttal experts disclosed

Deadline/Setting
May 1, 2018
April 22, 2018
May 22, 2018
June 1, 2018

A motion to revise the scheduling order is governed by Fed. R. Civ. P. 16(b)(4), which
provides that “[a] schedule may be modified only for good cause and with the judge’s consent.”
The parties do not provide the Court any reason or justification to extend the deadline to amend
or join additional parties. The Court has already extended that deadline twice.1 The current
deadline expired on February 2, 2018. However, the parties filed their joint motion almost two
weeks later, on February 14, 2018. Consequently, the deadline to amend or join additional
parties does not qualify as one of the “remaining deadlines.”
Additionally, the parties indicate in their motion that the revised deadlines will not impact
the pretrial, dispositive motion, or trial deadlines, and the parties do not want to extend or alter
those deadlines. However, extending the deadline for motions to amend or join additional parties
reopens the possibility that those deadlines would be impacted. Because the parties have not
established good cause, the Court declines to extend the deadline to amend or join additional
parties.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff’s Motion to Compel
Deposition Testimony and for Continuance of Discovery Deadlines (ECF 14) is denied as moot.
IT IS FURTHER ORDERED that the parties’ Joint Status Report and Motion to
Amend Scheduling Order to Extend Certain Deadlines (ECF 15) is granted in part and denied
in part. The Revised Scheduling Order, as outlined above, now controls the deadlines in this
case.
Dated: March 1, 2018, at Kansas City, Kansas.
S/ Gerald L. Rushfelt
Gerald L. Rushfelt
U.S. Magistrate Judge

1

See ECF 11 and ECF 13.

2