Opinion
21-cv-1141-LAB-DDL
10-16-2023
3D SYSTEMS, INC., Plaintiff, v. BEN WYNNE, et al., Defendants.
ORDER GRANTING RENEWED JOINT MOTION TO MODIFY SCHEDULING ORDER AND CONTINUE PRETRIAL DEADLINES
[Dkt. No. 347]
DAVID D. LESHNER, UNITED STATES MAGISTRATE JUDGE
On October 10, 2023, the parties filed a Renewed Joint Motion to Modify the Scheduling Order and Continue Pretrial Deadlines (“Renewed Joint Motion”). Dkt. No. 347. In an order dated October 3, 2023, the Court denied the parties' first joint motion seeking the same relief for failure to demonstrate good cause under Federal Rule of Civil Procedure 16(b)(4). Dkt. No. 339.
Rule 16(b)(4) provides that a pretrial scheduling order “may be modified only for good cause and with the judge's consent.” “Rule 16(b)'s ‘good cause' standard primarily considers the diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).
In the Renewed Joint Motion, the parties contend that an extension of certain pretrial deadlines is necessary “for several reasons.” Dkt. No. 347 at 3. Among the reasons provided is that depositions and inspections have had to be postponed due to individuals testing positive for Covid or exhibiting flu-like symptoms. Id. at 3-4. The parties further state that the need to reschedule depositions and inspections close to the initial expert report deadline on October 27, 2023, has generated “significant concerns about whether [the parties'] experts will have sufficient time to review the transcripts of deposition,” “conduct the various inspections [and] analyze the information obtained from those inspections,” and thereafter “conduct expert depositions and discovery and assess possible Daubert motions.” Id. at 4.
Based on the foregoing, the Court concludes that the parties have demonstrated good cause to modify the expert deadlines, including the deadline to file Daubert motions. The Renewed Joint Motion is GRANTED and the pretrial schedule is modified as follows:
Event
Existing Date
New Date
Deadline to comply with disclosure provisions of FRCP 26(a)(2)(B) and (C) related to all claims
October 27, 2023
November 15, 2023
Mandatory Settlement Conference (in-person)
November 17, 2023, at 9:00 a.m.
NO CHANGE
Deadline to comply with FRCP (a)(2)(D)(ii) related to all claims
November 28, 2023
December 15, 2023
Deadline to complete all expert discovery related to all claims
January 3, 2024
January 15, 2024
Deadline to file pretrial motions (excluding Daubert motions)
January 17, 2024
NO CHANGE
Event
Existing Date
New Date
Deadline to file Daubert motions
January 17, 2024
January 29, 2024
Deadline to comply with pretrial disclosure requirements of FRCP 26(a)(3)
April 19, 2024
NO CHANGE
Deadline for counsel to meet and take action as required by Civ.L.R. 16.1.f.4
April 26, 2024
NO CHANGE
Deadline for Plaintiff's counsel to provide opposing counsel with the pretrial order for review
May 3, 2024
NO CHANGE
Deadline to lodge proposed final pretrial conference order
May 15, 2024
NO CHANGE
Final pretrial conference
May 20, 2024 at 12:00 p.m.
NO CHANGE
No further extensions or modifications of the pretrial schedule will be granted absent a showing of good cause.
IT IS SO ORDERED.