United States District Court, M.D. Louisiana
AMENDED SCHEDULING ORDER
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.
the Court is an Ex Parte Motion of Plaintiffs for
Extension of Deadlines for Disclosure of Identifies of
Experts and Submission of Expert Reports (R. Doc. 97) filed
on November 3, 2017. Plaintiffs represent that certain
“defendants have suggested additional extensions may be
necessary” and that no defendants have objected to the
requested extensions by a deadline proffered by Plaintiffs.
(R. Doc. 97 at 2).
before the Court is defendant Commercial Coolants, Inc.'s
(“Commercial Coolants”) Motion for Stay of
Discovery, or in the Alternative, Motion to Modify Scheduling
Order (R. Doc. 98) filed on November 8, 2017. Commercial
Coolants represents that at least two other parties oppose
the relief sought. (R. Doc. 98-1 at 3).
Court issued an Order requiring any response to the foregoing
motions to be filed on or before November 17, 2017. (R. Doc.
99). No party filed a response. Accordingly, the foregoing
motions are unopposed. LR 7(f).
about November 2, 2016, Steven Moore and Renee Moore
(“Plaintiffs”) initiated this action in the 19th
Judicial District Court, East Baton Rouge, Louisiana, naming
as defendants Home Depot USA, Inc. (“Home Depot”)
and Entergy Louisiana, LLC (“Entergy”). (R. Doc.
1-2 at 1-4). Plaintiffs allege that while Mr. Moore was
employed with S&H Trucking, Inc. (“S&H
Trucking”), he suffered certain physical injuries when
his commercial truck came into contact with low hanging
electrical lines at a Home Depot facility. Prior to removal,
Guarantee Insurance Company (“Guarantee”)
intervened in the action. (R. Doc. 1-2 at 16-18).
December 1, 2016, Home Depot removed the action, asserting
that this Court has diversity jurisdiction pursuant to 28
U.S.C. § 1332. (R. Doc. 1).
December 20, 2016, Entergy named S&H Trucking and
WorldWide Staffing Resources, Inc. (“WorldWide”)
as third-party defendants. (R. Doc. 9).
January 31, 2017, the Court issued a Scheduling Order
establishing, among other things, the deadline to complete
non-expert discovery on February 2, 2018, the deadline to
file dispositive motions on July 13, 2018, and for trial to
commence on January 14, 2019. (R. Doc. 16).
April 5, 2017, the Court entered Entergy's First
Supplemental and Amending Third Party Demand into the record.
(R. Doc. 37). Through this amended pleading, Entergy named as
additional third-party defendants Commercial Coolants,
Countrywide Payroll & HR Solutions, Inc.
(“Countrywide”), Fleet Personnel Corporation
(“Fleet”), Richard L. Morris
(“Morris”), and Project RLM Consulting LLC
(“RLM”). (R. Doc. 37).
22, 2017, the Court entered Plaintiffs' Amended Complaint
into the record. (R. Doc. 50). The sole new party added at
that time was Depositors Insurance Company
31, 2017, the Court entered Entergy's Second Supplemental
and Amending Third Party Demand (R. Doc. 74). Through this
amended pleading, Entergy named as additional third-party
defendants Donald Hargett (“Hargett”) and Douglas
November 3, 2017, Plaintiffs filed their instant motion
seeking an extension of the deadlines to disclose experts and
to submit expert reports. (R. Doc. 97).
November 8, 2017, Commercial Coolants filed its instant
motion for either a stay of discovery pending a ruling on the
dispositive motions in this action or modification of the
deadlines in the current scheduling order in light of the