3D Systems, Inc. v. Wynne

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 3D SYSTEMS, INC., Case No.: 21-cv-1141-LAB-DDL 12 Plaintiff, ORDER GRANTING RENEWED v. JOINT MOTION TO MODIFY SCHEDULING ORDER AND BEN WYNNE, et al., CONTINUE PRETRIAL 15 Defendants. DEADLINES [Dkt. No. 347] 18 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.

23 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).

27 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.

9 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: 13 Event Existing Date New Date Deadline to comply with disclosure provisions of 15 October 27, 2023 November 15, 2023 FRCP 26(a)(2)(B) and (C) related to all claims Mandatory Settlement November 17, 2023, NO CHANGE Conference (in-person) at 9:00 a.m.

Deadline to comply with FRCP (a)(2)(D)(ii) related November 28, 2023 December 15, 2023 to all claims Deadline to complete all expert discovery related to January 3, 2024 January 15, 2024 all claims Deadline to file pretrial motions (excluding January 17, 2024 NO CHANGE Daubert motions) Deadline to file Daubert January 17, 2024 January 29, 2024 motions Deadline to comply with pretrial disclosure ||| requirements of FRCP April 19, 2024 NO CHANGE ||| 26@@) Deadline for counsel to ||| meet and take action as required by Civ.L.R. April 26, 2024 NO CHANGE 16.1.f.4 ||| Deadline for Plaintiffs ||| Counsel to provide May 3, 2024 NO CHANGE opposing counsel with the ||| pretrial order for review ||| Deadline to lodge proposed ||| final pretrial conference May 15, 2024 NO CHANGE order Final pretrial conference May 20, 2024 NO CHANGE 17 at 12:00 p.m.

19 No further extensions or modifications of the pretrial schedule will be granted absent || a showing of good cause.

21 IT IS SO ORDERED.

22 ||Dated: October 16, 2023 tee Ly 23 Tb CI) eo 24 Hon. David D. Leshner 5 United States Magistrate Judge