Turner Industrices Group, L.L.C. v. United States Fidelity & Guaranty Company et al

Filing 136

ORDER granting in part 135 Motion to Extend Discovery Deadlines as follows: Discovery motions and completing all discovery due by 9/30/2011. Pltfs Expert Witness List due by 9/15/2011, Defts due by 9/30/2011. Pltfs Expert Reports due by 10/15/2011, Defts due by 10/30/2011. Discovery from Experts due by 12/30/2011. Dispositive motions shall be filed by 1/1/2012. Signed by Magistrate Judge Docia L Dalby on 7/29/2011. (JDL) Modified on 8/2/2011 to mark as written opinion (JDL).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
TURNER INDUSTRIES GROUP, L.L.C.

CIVIL ACTION

VERSUS

NUMBER: 09-CV-0834-BAJ-DLD

THE TRAVELERS COMPANIES, INC.,
ET AL.
ORDER
This matter is before the court on a joint motion by cross-claimants and crossdefendants for an extension of the scheduling deadlines. (rec.doc. 135)
On February 5, 2010, the court issued a scheduling order, setting deadlines for fact
discovery, expert disclosure/discovery, and dispositive motions.

(rec.doc. 25) The

deadlines were extended on August 16, 2010, to accommodate deposition dates outside
the then-current discovery deadline and then-pending dispositive motions. (rec. doc. 96)
The parties now seek a four-month extension on all current deadlines, contending
that discovery has been delayed with regard to two parties due to pending motions
concerning those parties, but that the parties are in the process of negotiating a stipulation
that dismisses cross-claimant’s claims against these two parties, thereby avoiding
continued motion practice with regard to these two parties. Also, the parties are jointly
reviewing “voluminous documents” in an effort to streamline the discovery process, and
anticipate the need to take additional fact witness depositions. (rec.doc. 135)
DISCUSSION AND ANALYSIS
As the parties are aware, the court is afforded broad discretion in discovery matters
and may alter the pretrial deadlines for good cause. This broad discretion encompasses
the court’s inherent power to control the cases on its docket “with economy of time and

effort for itself, for counsel, and for litigants.” Landis v. North American Co. 299 U.S. 248,
254, 57 S.Ct. 163, 81 L.Ed. 153 (1936). See also, Superior Diving Co., Inc. V. Watts, 2008
WL 2097152, *3 (E.D.La. 2008) Here, the court previously granted a four-month extension
on all deadlines, and notes that discovery has been ongoing since February, 2010. The
court also notes that at the time of the first extension of the scheduling deadlines, the suit
included claims by the plaintiff against all defendants. Plaintiff’s claims have all been
dismissed, leaving only FFIC’s cross claims against USF&G and the Travelers entities. The
parties contend that FFIC’s claims against the Travelers entities are in the process of a
stipulated dismissal, leaving only one claim against USF&G, which is a claim for
reimbursement of monies paid out by FFIC and allegedly owed by USF&G. Thus, while
there is good cause for some extension of the present deadlines, there is not good cause
for an additional four months to extend all the deadlines, especially given the change in the
posture of the case.1 The court also notes that this case has been pending on the court’s
docket since October 2, 2009, and will be nearly three years old if the extensions
requested by the parties are granted by this court. The court therefore will exercise its
broad discretion in the management of its docket, and grant the motion for extension of
deadlines, but with a shorter time frame.
Accordingly,
IT IS ORDERED that the joint motion for extension of deadlines is GRANTED in part
as follows:
1.

1

Filing all discovery motions and completing all discovery except experts:
September 30, 2011.

The court also notes that the original scheduling order was clear that the deadlines were final
deadlines, and that no extensions would be granted except under extreme circumstances and for good cause
shown.

2.

a.

Disclosure of identities and resumés of experts:
Plaintiff(s):
Defendant(s):

b.

Expert reports must be submitted to opposing parties as follows:
Plaintiff(s):
Defendant(s):

c.
3.

September 15, 2011
September 30, 2011

October 15, 2011
October 30, 2011

Discovery from experts must be completed by December 30, 2011

All dispositive motions must be filed on or before January 1, 2012.2

The time limits set forth in this order shall not be modified except by leave of court
upon a showing of good cause.
In the event the parties have not previously notified the court that the matter is ready
to be set for a pretrial conference, or the district judge has not already set a pretrial
conference, this matter will be reviewed within 15 days of the expiration of the deadline to
file dispositive motions (January 1, 2012), and assigned for a pre-trial/status conference
if necessary.
The parties may contact the court at [phone] after discovery has been
completed should they wish to schedule a settlement conference.

D

Signed in Baton Rouge, Louisiana, on July 29, 2011.

MAGISTRATE JUDGE DOCIA L. DALBY

2

The court notes that these new deadlines extend the original deadlines by more than a year, which
is a generous extension of time to move this case to conclusion.