Lang v. Parsons et al

Filing 9

ORDER AND REASONS denying 8 Motion to Continue Trial. Signed by Judge Sarah S. Vance on 8/21/2018. (cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOHN LANG

CIVIL ACTION

VERSUS

NO. 17-17149

TIMOTHY PARSONS, ET AL.

SECTION “R” (1)

ORDER AND REASONS
Before the Court is the parties’ joint motion to continue trial. 1 The
Court denies the motion.
Federal Rule of Civil Procedure 16(b) provides that “[a] schedule may
be modified only for good cause and with the judge’s consent.” Fed. R. Civ.
P. 16(b)(4). The “good cause standard requires the party seeking relief to
show that the deadlines cannot reasonably be met despite the diligence of the
party needing the extension.” S & W Enter., LLC. v. SouthTrust Bank of Ala.,
NA, 315 F.3d 533, 535 (5th Cir. 2003) (internal citations omitted). Whether
to grant or deny a continuance is within the sound discretion of the trial
court. United States v. Alix, 86 F.3d 429, 434 (5th Cir. 1996). In deciding
whether to grant a continuance, the Court’s “judgment range is exceedingly
wide,” for it “must consider not only the facts of the particular case but also

1

R. Doc. 8.

all of the demands on counsel’s time and the court’s.” Streber v. Hunter, 221
F.3d 701, 736 (5th Cir. 2000) (quoting HC Gun & Knife Shows, Inc. v. City
of Houston, 201 F.3d 544, 549-50 (5th Cir. 2000)).
The parties seek a continuance because plaintiff was recently advised
that he may need an additional surgery on his shoulder, which he allegedly
injured during the incident that gave rise to this litigation. 2 The parties have
not provided “good cause” for a continuance because their motion is merely
speculative about whether plaintiff will need a second surgery that requires
substantial additional discovery. And if more discovery is needed after the
expert disclosure and discovery deadlines have passed, there are other
avenues for relief available to the parties short of a continuance.
For the foregoing reasons, the parties’ joint motion is DENIED.

21st
New Orleans, Louisiana, this _____ day of August, 2018.

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

2

R. Doc. 8-1 at 1.
2