Gardner v. Brand Energy Solutions, LLC, et al

Filing 84

ORDER: IT IS ORDERED that Plaintiff's 83 motion to expedite is GRANTED. IT IS FURTHER ORDERED that Plaintiff's 82 motion for reconsideration is GRANTED. IT IS FURTHER ORDERED that the jury trial currently scheduled for 7/16/2018, is CONTINUED, as set forth in document. IT IS FURTHER ORDERED that the parties jointly file a proposed revised trial date by 7/16/2018. Signed by Judge Ivan L.R. Lemelle on 7/10/2018. (jls)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KENNETH GARDNER

CIVIL ACTION

VERSUS

NO. 16-16982

BRAND ENERGY SOLUTIONS, LLC, ET AL.

SECTION “B”(5)

ORDER
Considering Plaintiff’s “Motion for Reconsideration” (Rec.
Doc. 82), which states that Defendants do not oppose a continuance
of trial, and Plaintiff’s motion to expedite (Rec. Doc. 83),
IT IS ORDERED that Plaintiff’s motion to expedite (Rec. Doc.
83) is GRANTED.
IT

IS

FURTHER

reconsideration

(Rec.

ORDERED
Doc.

that

82)

is

Plaintiff’s
GRANTED.

motion

Recently

for

approved

medical treatment and uncertainty about the extent of any future
disability is good cause for a limited continuance of trial. See,
e.g., Jones v. Phil Guilbeau Offshore, Inc., No. 13-5078, 2014 WL
4186784, at *1 (E.D. La. Aug. 22, 2014) (“[P]laintiff's medical
uncertainty constitutes good cause to justify the continuance of
trial.”); Augman v. Seacor Marine, LLC, No. 07-1508, 2008 WL
8694786, at *3 (E.D. La. June 23, 2008) (finding good cause to
continue trial because resolution of medical uncertainty will
allow

for

“better

capabilities,

the

assessment
extent

of

of

his

Plaintiff's
disability,

post-accident

. . .

his

work

prognosis, and . . . damages”). We recognize however there are

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still remaining but fully discovered serious liability questions
in this case.
IT IS FURTHER ORDERED that the jury trial currently scheduled
for July 16, 2018, is CONTINUED to allow the parties time to
discover relevant evidence about Plaintiff’s lately developed
medical conditions and treatments. Discovery is closed except with
respect to those medical developments. See Augman, 2008 WL 8694786,
at

*3.

The

parties

are

reminded

that

they

are

obligated

to

diligently litigate this case and comply with all deadlines;
failure to do so may result in sanctions. See Fed. R. Civ. P. 1,
16.
IT IS FURTHER ORDERED that the parties jointly file a proposed
revised trial date by July 16, 2018, keeping in mind the limited
nature

of

the

continuance.

The

Court

will

schedule

revised

pre-trial and trial dates after review of the parties’ submission.
New Orleans, Louisiana, this 10th day of July, 2018.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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