McDaniel v. B.G.S.00 LLC et al

Filing 63

ORDER denying 58 Plaintiffs Motion for Extension to Disclose Expert Testimony - by Judge J Richard Creatura.(SH) (Main Document 63 replaced on 3/4/2016 to correct order date.) (SH). Modified on 3/4/2016 (SH).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CHRISTOPHER LEE MCDANIEL,

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Plaintiff,
v.
B.G.S.00 LLC. dba BOOMERS SPORTS
BAR & GRILL, a Washington Limited
Liability Company; B.G.S.00 LLC dba
GOLD RUSH RESTAURANT AND
LOUNGE, a Washington Limited Liability
Company,
Defendant.

CASE NO. 15-cv-05319 JRC
ORDER ON PLAINTIFF’S MOTION
FOR EXTENSION TO DISCLOSE
EXPERT TESTIMONY

This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

18 Magistrate Judge Rule MJR 13 (see also Joint Status Report, Dkt. 48, p. 2). This matter is before
19 the Court on plaintiff’s motion for extension to disclose expert testimony (Dkt. 58). Defendant
20 has responded (see Dkt. 60, 62).
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Plaintiff Christopher Lee McDaniel asks the Court to amend the Court’s Scheduling

22 Order (Dkt. 51) to extend by 60 days the deadline to disclose expert testimony (FRCP Rule
23 26(a)(2)) from February 24, 2016 to April 25, 2016. Dkt 58. Plaintiff has presented no evidence
24 regarding why he was unable to comply with the scheduling order.
ORDER ON PLAINTIFF’S MOTION FOR
EXTENSION TO DISCLOSE EXPERT
TESTIMONY - 1

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A scheduling order can be modified only on a showing of good cause and with the

2 judge’s consent. Fed. R. Civ. P. 16(b)(4). The District’s Local Rules further provide that the
3 parties are bound by the dates specified in the scheduling order and mere failure to complete
4 discovery within the time allowed does not constitute good cause for an extension or
5 continuance. LCR 16(b)(4).
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Since plaintiff has made no showing of good cause, plaintiff’s motion is DENIED.

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Dated this 4th day of March, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON PLAINTIFF’S MOTION FOR
EXTENSION TO DISCLOSE EXPERT
TESTIMONY - 2