Blackwell et al v. Auto-Owners Mutual Insurance Company

Filing 34

ORDER DENYING DEFENDANTS 33 MOTION FOR EXTENSION. Signed by Chief Judge S. Thomas Anderson on 6/9/17. (Anderson, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DIVISION OF TENNESSEE EASTERN DIVISION JENNIFER BLACKWELL and DAMIEN BLACKWELL, Plaintiffs, vs. AUTO-OWNERS (MUTUAL) INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) No. 1:16-cv-2842-STA-egb ORDER DENYING DEFENDANT’S MOTION FOR EXTENSION Before the Court is Defendant Auto-Owners (Mutual) Insurance Company’s Motion for Extension (ECF No. 33) filed on June 8, 2017. Defendant seeks an extension of the deadline for completing fact discovery and other deadlines related to experts. Defendant’s Motion is DENIED. Local Rule 7.2(a)(1) states that the Clerk of Court will accept for filing only motions accompanied by a memorandum of facts and law. Defendant has not filed a supporting memorandum of facts and law to show good cause for the extensions sought in the Motion. Without a memorandum of facts and law, the Court cannot determine whether good cause exists to extend the case management deadlines. Federal Rule of Civil Procedure 16(b)(4) 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 primary measure of Rule 16’s ‘good cause’ standard is the moving party’s diligence in attempting to meet the case management order’s requirements.” Bank of Am., N.A. v. Corporex Realty & Inv. Corp., 661 F. App’x 305, 317 (6th Cir. 2016)I (quoting Inge v. Rock Fin. Corp., 281 F.3d 613, 625 (6th Cir. 2002)). Therefore, Defendant’s Motion for 1 Extension is DENIED without prejudice to refile the Motion with a memorandum of facts and law showing good cause to extend the scheduling order deadlines. IT IS SO ORDERED. s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE Date: June 9, 2017 2

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