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Moore v. Home Depot USA, Inc.

United States District Court, M.D. Louisiana

November 27, 2017

STEVEN MOORE AND RENEE MOORE
v.
HOME DEPOT USA, INC., ET AL.

          AMENDED SCHEDULING ORDER

          RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.

         Before 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).

         Also 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).

         The 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.[1] Accordingly, the foregoing motions are unopposed. LR 7(f).

         I. Background

         On or 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).

         On 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).

         On December 20, 2016, Entergy named S&H Trucking and WorldWide Staffing Resources, Inc. (“WorldWide”) as third-party defendants. (R. Doc. 9).

         On 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).

         On 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).

         On May 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 (“Depositors”).

         On July 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 Herfurth (“Herfurth”).

         On 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).

         On 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 ...


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