Garcia vs. Coffee et. al.

Filing 65

ORDER GRANTING IN PART AND DENYING IN PART JOINT MOTION 64 TO EXTEND TIME FOR DEFENDANTS' EXPERT DISCLOSURES AND OTHER DEADLINES. The deadline for examination/inspection is extended to 1/30/2014; and discovery is due by 2/7/2014. Signed by District Judge Gina M. Groh on 1/7/2014. (tlg)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG

STEVE ALLEN EHRLICH, et al.,
Plaintiffs,
v.

CIVIL ACTION NO: 3:13-CV-23
3:13-CV-42
3:13-CV-43
(JUDGE GROH)

CROWN ENTERPRISES, INC., et al.,
Defendants.

ORDER GRANTING IN PART AND DENYING IN PART JOINT MOTION TO EXTEND
TIME FOR DEFENDANTS’ EXPERT DISCLOSURES AND OTHER DEADLINES
On December 31, 2013, the parties filed a “Joint Motion to Extend Time for
Defendants’ Expert Disclosures and other Deadlines” [Doc. 102]. The parties state that
they have exchanged voluminous written discovery, that two depositions of Defendants’
30(b)(6) representatives have been recorded, that Plaintiffs’ depositions have been
scheduled for the week of January 13, 2014, and that Plaintiffs provided expert disclosures
on December 10, 2013. However, Defendants represent that, after a miscommunication,
Plaintiffs Allen and Garcia did not show up at their Rule 35 examinations. Additionally,
Defendants have to respond to seven expert reports within thirty (30) days. Therefore, the
parties request a twenty day extension of the January 10, 2014 deadline, which is the
examination/inspection deadline. Additionally, the parties submitted a proposed order
seeking the extension of all remaining dates in the Amended Scheduling Order except the
joint pretrial order, the pretrial conference, and the trial date.

Upon reviewing the parties’ motion, the Court finds good cause to grant the motion
in part. The Court finds an extension of time for the January 10, 2014 deadline for
examinations/inspections and for discovery completion is warranted. Accordingly, the
parties’ deadline for examination/inspection is January 30, 2014, and the parties’ deadline
for discovery completion is February 7, 2014.
However, the Court denies the motion in part because it does not find good cause
to extend any of the remaining deadlines. The Court notes that, on October 4, 2013, it
previously granted an extension of deadlines and issued an amended scheduling order in
this matter that provided the parties with additional time to disclose their experts. Further,
this Court has a strong interest in maintaining its pretrial and trial dates. By altering the
remaining deadlines, such as the deadlines for motions in limine or dispositive motions, the
Court would necessarily have to grant an extension of the pretrial conference and trial
dates in order to rule on the motions prior to the pretrial conference and trial. For example,
if a dispositive motion is not filed until March 11, 2014, the parties’ proposed deadline, the
response and the reply deadlines would be after the trial in this matter. Therefore, the
Court does not find good cause to extend the deadlines for dispositive motions; Federal
Rule of Civil Procedure 26(a)(3) disclosures, jury instructions, voir dire, verdict forms,
motions in limine, and objections thereto.
Accordingly, the Court GRANTS IN PART and DENIES IN PART the parties’ “Joint
Motion to Extend Time for Defendants’ Expert Disclosures and Other Deadlines.”

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The Clerk is directed to transmit copies of this Order to all counsel of record herein.
It is so ORDERED.
DATED: January 7, 2014

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