Cook et al v. United States of America et al

Filing 33

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 25 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (tjc, Dpty Clk)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
CARMELA COOK, in her individual
capacity and as personal representative
of the Estate of Alice May Lindsey,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Case No. 15-CV-79-CVE-FHM

OPINION AND ORDER
Plaintiff’s Application for Extension of Time to Submit Expert Identification and
Report and Brief in Support, [Dkt. 25], is before the court for decision. Defendant filed a
response brief. [Dkt. 27]. No reply was filed.
On July 14, 2015, the court set the date for Plaintiff’s expert identification and report
for September 7, 2015. On September 9, 2015, Plaintiff filed the pending application and
states that Plaintiff does not have an expert witness or report because she cannot afford
to hire one. Plaintiff states she is optimistic she can locate an expert if given additional time
but Plaintiff does not explain the basis for her optimism or how much additional time she
needs.
This case was filed on February 12, 2015. Plaintiff has been aware of the need for
an expert witness from the beginning of the case and aware of the expert deadline since
July 14, 2015. Plaintiff has not explained how additional time will allow her to obtain an
expert when she has not been able to do so by now.

Plaintiff has not established good cause to extend the deadline to submit her expert
identification and report. Fed.R.Civ.P. 6(b)-16(b)(4). Plaintiff’s Application for Extension
of Time to Submit Expert Identification and Report and Brief in Support, [Dkt. 25], is
DENIED.
SO ORDERED this 3rd day of November, 2015.

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