E3 Biofuels, LLC v. Biothane Corporation et al

Filing 179

ORDER - Defendants' Stipulated Motion to Extend Deadlines (filing 177 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
E3 BIOFUELS, LLC,
Plaintiff,
V.
BIOTHANE, LLC, successor in
interest and liability to, and
PERENNIAL ENERGY, INC.,
Defendants.

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8:11CV44

ORDER

Defendants Biothane Corporation and Perennial Energy, Inc. have filed a motion
requesting that the Court extend all of the remaining deadlines in this case, including the trial
date, for a period of twelve to fourteen months. (Filing 177.) Plaintiff does not oppose a two
or three month extension, but opposes the motion to the extent Defendants seek to delay this
case for a year or more.
This case was filed on February 8, 2011. (Filing 1.) On October 10, 2012, the parties
filed a joint motion to extend progression deadlines in this case. (Filing 152.) In connection
with the motion, the parties submitted a proposed progression schedule. The Court informed
the parties that the deadlines set forth in their progression schedule would not be adopted
because their proposed trial date would make the case over three years old and, thus,
reportable to the Eighth Circuit. Accordingly, the Court ordered the parties to submit a
revised, proposed progression schedule and set the trial for March 4, 2014.
The Court appreciates the complexities involved in this case. However, the Court
finds no reason why the deadlines, as presently established, cannot be met. To the extent that
additional discovery is needed beyond the set discovery deadlines, a party may seek leave to
conduct that discovery. However, without a showing of good cause, leave to conduct
discovery out of time will only be granted to the extent that the additional discovery does not
affect other deadlines. Trial is nearly a year away. The parties still have ample time to

prepare the case for trial.
IT IS ORDERED that Defendants’ Stipulated Motion to Extend Deadlines (filing
177) is denied.
DATED March 28, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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