Washington v. Smith

E.D. Louisiana

Washington v. Smith

DecidedOctober 20, 2022

Docket2:22-cv-00632

StatusUnknown

This text of Washington v. Smith (Washington v. Smith) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Washington v. Smith, (E.D. La. 2022).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

BRUCE WASHINGTON, ET AL. CIVIL ACTION

VERSUS No. 22-632

RANDY SMITH, ET AL. SECTION I

ORDER & REASONS Before the Court is plaintiffs’ motion1 to extend the deadlines for plaintiffs’ expert reports and the close of discovery. Defendants oppose2 the motion. A court’s scheduling order may be modified “only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The Fifth Circuit applies a four-factor test in considering requests to modify a scheduling order, weighing (1) the explanation for the failure to adhere to the deadline at issue; (2) the importance of the proposed modification to the scheduling order; (3) potential prejudice; and (4) the availability of a continuance to cure such prejudice. Geiserman v. MacDonald, 893 F.2d 787, 790– 92 (5th Cir. 1990). “A trial court has broad discretion to preserve the integrity and purpose of its pretrial orders ‘which, toward the end of court efficiency, is to expedite pretrial procedure.’” Boyd v. Boeing Co., No. 15-25, 2016 WL 760687, at *3 (E.D. La. Feb. 26,

1 R. Doc. No. 48. 2 R. Doc. No. 49. 2016) (Africk, J.) (quoting S & W Enters., L.L.C. v. SouthTrust Bank of Ala., NA, 315 F.3d 533, 535 (5th Cir. 2003)). Having considered the parties’ positions, the Court concludes that the plaintiffs have not established good cause for the proposed deadline extensions. Accordingly, IT IS ORDERED that the motion? is DENIED. New Orleans, Louisiana, October 20, 2022. Si □□ □□□ UNITED STATES DISTRICT JUDGE

3 R. Doc. No. 48.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

BRUCE WASHINGTON, ET AL. CIVIL ACTION

VERSUS No. 22-632

RANDY SMITH, ET AL. SECTION I

ORDER & REASONS Before the Court is plaintiffs’ motion1 to extend the deadlines for plaintiffs’ expert reports and the close of discovery. Defendants oppose2 the motion. A court’s scheduling order may be modified “only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The Fifth Circuit applies a four-factor test in considering requests to modify a scheduling order, weighing (1) the explanation for the failure to adhere to the deadline at issue; (2) the importance of the proposed modification to the scheduling order; (3) potential prejudice; and (4) the availability of a continuance to cure such prejudice. Geiserman v. MacDonald, 893 F.2d 787, 790– 92 (5th Cir. 1990). “A trial court has broad discretion to preserve the integrity and purpose of its pretrial orders ‘which, toward the end of court efficiency, is to expedite pretrial procedure.’” Boyd v. Boeing Co., No. 15-25, 2016 WL 760687, at *3 (E.D. La. Feb. 26,

1 R. Doc. No. 48. 2 R. Doc. No. 49. 2016) (Africk, J.) (quoting S & W Enters., L.L.C. v. SouthTrust Bank of Ala., NA, 315 F.3d 533, 535 (5th Cir. 2003)). Having considered the parties’ positions, the Court concludes that the plaintiffs have not established good cause for the proposed deadline extensions. Accordingly, IT IS ORDERED that the motion? is DENIED. New Orleans, Louisiana, October 20, 2022. Si □□ □□□ UNITED STATES DISTRICT JUDGE

3 R. Doc. No. 48.

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