Opinion

Williams v. Magnolia Community Services, Inc.

Court
District Court, E.D. Louisiana
Filed
Oct 6, 2022
Cited by
0 cases
Authority
More cited than 22.4%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

ANGELA WILLIAMS CIVIL ACTION

VERSUS NO. 21-2200

MAGNOLIA COMMUNITY SECTION "B"(5)

SERVICES INC., ET AL.

ORDER AND REASONS

Before the Court is plaintiff’s motion to continue trial date

and reset scheduling order deadlines (Rec. Doc. 49) and defendants’

opposition (Rec. Doc. 53). For the following reasons,

IT IS ORDERED that the motion (Rec. Doc. 49) is DENIED.

I. FACTS AND PROCEDURAL HISTORY

The above-captioned case was first removed to this Court on

November 30, 2021. Rec. Doc. 1. A scheduling conference was held

on February 3, 2022, and a pre-trial conference was set for October

13, 2022, at 10:00 a.m., a jury trial was set for October 24, 2022,

at 8:30 a.m., and all discovery was ordered to be completed by

September 13, 2022. Rec. Doc. 16. At the time of the scheduling

conference, counsel of record was Leo Caillier, III, and

Christopher Carbine. Id. at 1; see Rec. Doc. 13 at 2. On June 30,

2022, plaintiff filed an ex parte motion to substitute counsel,

withdrawing Christopher Carbine, and enrolling Willard J. Brown,

Sr., as counsel of record. Rec. Doc. 30 at 1. This Court granted

the motion to substitute on July 1, 2022, and it was subsequently

entered into the record on July 5, 2022. Rec. Doc. 31. Leo

Caillier, III, remained on as counsel of record as well. Rec. Doc.

49-1 at 1.

On July 5, 2022, defendants served plaintiff with

“Defendants’ First Set of Interrogatories, Requests for Production

of Documents, and Requests for Admission to Plaintiff, Angela

Williams.” Rec. Doc. 33-1 at 1; Rec. Doc. 33-2 at 13. At

plaintiff’s deposition on July 22, 2022, Mr. Brown informed

defendants’ counsel that their responses would be timely. Rec.

Doc. 53 at 2. Plaintiff’s responses were due on August 4, 2022,

but plaintiff failed to provide such responses. Rec. Doc. 33-1 at

1. Defendants permitted a brief extension, and plaintiff provided

“Plaintiff’s Answer to Magnolia’s Request for Admission,” on

August 9, 2022, but did not provide responses to “Magnolia’s

Interrogatories or Requests for Production of Documents.” Id. at

2. On August 11, 2022, defendant filed a motion to compel discovery

from plaintiff as to the interrogatories and requests for

production of document, which was granted on August 31, 2022, and

provided plaintiff with ten days to comply with discovery. Rec.

Doc. 33.

On August 16, 2022, defendants filed a motion for summary

judgment, set for submission on August 31, 2022. Rec. Doc. 34.

Plaintiff filed a motion for extension of time to file an

opposition to the motion for summary judgment, however, this motion

was marked deficient. Rec. Doc. 36. On September 9, 2022, plaintiff

filed a motion for extension to file a response to defendants’

motion for summary judgment, but this was also marked deficient by

the Court. Rec. Doc. 38. Then on September 13, 2021, plaintiff

filed a motion to withdraw Leo Caillier, III, as counsel of record.

Rec. Doc. 39. The motion to withdraw was granted on September 21,

2022, leaving Willard J. Brown as the only remaining counsel of

record for plaintiff. See Rec. Doc. 41. Nearly a month after the

submission date for defendants’ motion for summary judgment,

plaintiff filed a motion for leave to file opposition to summary

judgment. Rec. Doc. 44.

Defendants responded to plaintiff’s motion for leave to file

opposition to summary judgment (Rec. Doc. 46) and this Court

granted plaintiff’s motion (Rec. Doc. 47), and allowed defendants

to submit a reply memorandum in support of their motion for summary

judgment. Plaintiff’s opposition was entered into the record on

September 28, 2022 (Rec. Doc. 48), and defendant’s reply was filed

on October 4, 2022 (Rec. Doc. 55). After the discovery deadline of

September 13, 2022, had passed, Mr. Brown contacted defense counsel

to inquire about pending discovery owed to plaintiff filed by

previous plaintiff counsel, but defense counsel informed Mr. Brown

that no discovery was pending, and no discovery had been conducted

by any previous plaintiff counsel. See Rec. Doc. 49-1 at 2; Rec.

Doc. 53 at 3.

II. LAW AND ANALYSIS

Fed. R. Civ. P. 16(b)(4) states, “[a 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 has held, “[t]he good cause

standard requires the party seeking relief to show that the

deadlines cannot reasonable be met despite the diligence of the

party needing the extension.” S&W Enters., L.L.C. v. SouthTrust

Bank of Ala., NA, 315 F.3d 533, 535 (5th Cir. 2003); see also Leone

v. Gen. Motors LLC, No. 16-cv-6830, 2017 WL 3098169, at *1 (E.D.

La. July 21, 2017) (Lemelle, J.) (quoting S&W Enters., L.L.C., 315

F.3d at 535). The Court uses four factors to determine if there is

good cause under Rule 16: “(1) the explanation for the failure to

timely [comply with the scheduling order]; (2) the importance of

the [modification]; (3) potential prejudice in allowing the

[modification]; and (4) the availability of a continuance to cure

such prejudice.” Squyres v. Heico Companies, L.L.C., 782 F.3d

224, 237 (5th Cir. 2015) (internal quotations omitted) (quoting

Meaux Surface Prot., Inc. v. Folgeman, 607 F.3d 161, 167 (5th Cir.

2010)).

Here, plaintiff cannot show that the deadlines could not have

reasonably been met despite plaintiff’s due diligence. Mr. Brown

was enrolled in the above-captioned matter on July 1, 2022 (Rec.

Doc. 31), and he, along with his co-counsel, have, on several

instances, failed to meet deadlines and required extensions by

this Court. Mr. Brown has been counsel for plaintiff since the

beginning of July and discovery was not due until September 13,

2022, and it was not until after this date that Mr. Brown inquired

as to the state of discovery for his client. See Rec. Doc. 49-1 at

2; Rec. Doc. 53 at 3. Upon finding no discovery had been conducted

the instant motion was filed. All deadlines were available to

counsel at the time he was enrolled in the matter and counsel

waited until all such deadlines had passed before making an inquiry

as to the state of discovery. The Fifth Circuit is clear that good

cause requires that the requesting party show that the deadlines

cannot be met despite the requesting party’s diligence, and

plaintiff’s counsel has not demonstrated such due diligence. See

S&W Enters., L.L.C., 315 F.3d at 535.

In addressing the first factor of good cause under Rule 16,

plaintiff argues that “she relied on her previous counsel to timely

file and take appropriate actions as directed by this Honorable

Court,” and adds that “previous counsels disagreements failed to

comply with this court’s scheduling order at the prejudice of the

plaintiff.” Rec. Doc. 49-1 at 3. However, Mr. Brown was counsel of

record well before the discovery deadlines and should have

appraised himself to the status of this case. Mr. Brown was present

at plaintiff’s deposition and was aware of defendants’ pending

discovery in July, yet, at that time, made no inquiry as to the

status of plaintiff’s discovery. See Rec. Doc. 53 at 2. Plaintiff

presents no evidence as to why she was incapable of adhering to

the discovery deadline.

Factor two looks to the importance of the modification. See

Squyres, 782 F.3d at 237. Allowing a continuance of trial and

resetting scheduling order deadlines could allow plaintiff to

conduct discovery and prepare for trial, as well as continue

settlement discussion. See Rec. Doc. 49-1 at 3. However, plaintiff

has had ample time to conduct discovery and has made no attempt to

do so before the discovery deadline.

Factor three considers the potential prejudice in allowing

the continuance. See Squyres, 782 F.3d at 237. Defendants point

out that trial is scheduled for October 24, 2022, less than a month

away, and in Tabor v. Cox Operating, L.L.C., No. 19-cv-11859, 2022

WL 1120074, at *2 (E.D. La. Apr. 14, 2022), this Court held that

a late-stage trial continuance may create prejudice. Tabor v. Cox

Operating, L.L.C., No. 19-cv-11859, 2022 WL 1120074, at *2 (E.D.

La. Apr. 14, 2022) (Lemelle, J.) (citing Batiste v. Lewis, 976

F.3d 493, 501 (5th Cir. 2020) (internal quotations omitted)

(“finding plaintiff did not show good cause for changing a

scheduling order when doing so would have disrupted the trial date,

which was less than a month away”)). Here, trial is less than a

month away, continuing trial would prejudice defendants, who have

made an effort to comply with the scheduling order deadlines.

Plaintiffs on the other hand, have requested extensions, failed to

submit discovery responses necessitating an order to compel, and

through plaintiff’s own oversight, failed to conduct her own

discovery before the deadline.

Finally, factor four considers “the availability of a

continuance to cure such prejudice.” Squyres, 782 F.3d at 237.

Here, any such continuance may further prejudice defendants with

trial being less than a month away. See Tabor, 2022 WL 1120074, at

*2. The above factors weigh in favor of denying a continuance.

New Orleans, Louisiana this 6th day of October, 2022

___________________________________

SENIOR UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.