ESI Cases and Accessories, Inc. v. Home Depot Product Authority, LLC

Background

The parties jointly requested a 60-day extension of the fact-discovery deadline. They said the additional time was needed to complete an agreed procedure for inspecting inventory, produce documents, and conduct depositions of corporate representatives for both sides. The parties had already received two earlier extensions.

Court’s analysis

Under Federal Rule of Civil Procedure 16(b)(4), a case schedule may be changed only for good cause and with the judge’s consent. The court explained that good cause depends on the moving party’s diligence. It found that the parties had not made any effort to show good cause and stated that the request was also late under the court’s rules. On those grounds, the court said it could deny the request altogether.

The court nevertheless considered the complications arising from the public health situation and the parties’ scheduled settlement conference. As a courtesy, it granted one final 30-day extension of the fact-discovery deadline. The court stated that no further extensions would be granted.

Ruling

Judge Jesse M. Furman granted one final 30-day extension of fact discovery, rather than the requested 60-day extension. He adjourned the pretrial conference from September 24, 2020, to October 22, 2020, at 3:45 p.m. The Clerk of Court was directed to terminate ECF No. 98.