Thomas v. Lewis et al

Filing 47

ORDER granting 46 Motion to Extend Discovery Deadlines. Plaintiff`s Expert Reports due by 10/18/2015. Defendant`s Expert Reports due by 11/16/2015. Discovery from Experts due by 12/7/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/25/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DEBORAH THOMAS

CIVIL ACTION

VERSUS

NO. 14-463-JJB-RLB

BRENDA GAYLE LEWIS, ET AL.
ORDER
Before the court is Plaintiff’s Consent Motion to Extend Expert Report Cutoffs (R. Doc.
46).
On July 24, 2014, Plaintiff initiated this lawsuit alleging that certain architectural barriers
at a shopping center owned or leased by the Defendants hinder her access in violation of Title III
of the Americans with Disabilities Act. (R. Doc. 1).
On April 28, 2015, the court entered a Scheduling Order (R. Doc. 39) based upon
deadlines requested by the parties in a Joint Status Report (R. Doc. 38). As requested by the
parties, the court set the deadline for Plaintiff to submit expert reports on September 18, 2015;
for Defendants to submit expert reports on October 16, 2015; for expert discovery to be
completed by November 20, 2015; and for dispositive motions to be filed by December 14, 2015.
Trial is set begin on June 27, 2016.
On July 20, 2015, Plaintiff filed the instant consent motion seeking a 30-day extension of
her deadline to provide expert reports to October 18, 2015, and a corresponding extension of the
deadline for Defendants to provide expert reports to November 16, 2015. (R. Doc. 46).
Rule 16(b)(4) of the Federal Rules of Civil Procedure allows for the modification of a
scheduling order deadline upon a showing of good cause and with the judge’s consent. The Fifth
Circuit has explained that a party is required “to show that the deadlines cannot reasonably be
met despite the diligence of the party needing the extension.” Marathon Fin. Ins. Inc., RRG v.

1

Ford Motor Co., 591 F.3d 458, 470 (5th Cir. 2009) (quoting S&W Enters., LLC v. Southtrust
Bank of Ala., NA, 315 F.3d 533, 535 (5th Cir. 2003)). The Scheduling Order informed the
parties that “[j]oint, agreed or unopposed motions to extend scheduling order deadlines will not
be granted automatically” and that “[e]xtensions of deadlines governing discovery must be
supported with information describing the discovery already completed, what necessary
discovery remains, the parties’ efforts to complete the remaining discovery by the deadline, and
any additional information showing that the parties have diligently pursued their discovery.” (R.
Doc. 39 at 2-3).
In support of the requested extensions, Plaintiff represents that “[t]he parties have been
continuously discussing settlement and defendants have taken steps in an attempt to remediate
some of the barriers which form the basis of this action,” but “the parties have not yet reached a
final agreement on settlement terms.” (R. Doc. 46 at 1). Furthermore, Plaintiff represents that
the although the parties have been diligent in scheduling a Rule 34 inspection of the premises, a
conflict requires them to reschedule the inspection, now set for September 10, 2015, to a later
day in the month. (R. Doc. 46 at 1-2). 1
Pursuant to Rule 16(b)(4), the court finds good cause for extending the deadlines for
exchanging expert reports. Based on Plaintiff’s representations, the parties have been diligent in
scheduling and completing appropriate fact discovery prior to the expert report deadlines. To
accommodate the requested extensions of the expert report deadlines, the court will also extend
the deadline to complete expert discovery for a short period of time. The extensions requested,
however, will not interfere with the dispositive motion deadline set for December 14, 2015,
which the parties have not requested to be moved.
1

The parties are reminded that the deadline to complete non-expert discovery is set for September 21, 2015. (R.
Doc. 39 at 1). The parties have not requested an extension of that deadline through the instant motion.

2

IT IS ORDERED that the Consent Motion to Extend Expert Report Cutoffs (R. Doc. 46)
is GRANTED, and the court’s Scheduling Order (R. Doc. 39) is modified as follows:
(1)

Plaintiff must submit expert reports to Defendants on or before October 18, 2015;

(2)

Defendants must submit expert reports to Plaintiff on or before November 16,
2015; and

(3)

Discovery from experts must be completed by December 7, 2015.

All other deadlines remain as previously ordered.
Signed in Baton Rouge, Louisiana, on August 25, 2015.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE

3