Reager v. C-Dive, LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TRAVIS REAGER 	CIVIL ACTION
VERSUS 	NO. 24-1979
C-DIVE, LLC, ET AL. 	SECTION R (3)
ORDER
Before the Court is the parties’ joint motion to continue trial and all
pretrial deadlines and to set a scheduling conference. 1 	For the following
reasons, the Court grants the motion.
Rule 16(b) of the Federal Rules of Civil Procedure provides that “[a]
scheduling order may be modified only for good cause and with the judge’s
consent.” 	Fed. R. Civ. P. 16(b)(4). 	The “good cause standard requires the
party seeking relief to show that the deadlines cannot reasonably be met
despite the diligence of the party needing the extension.” 	S&W Enters.,
L.L.C. v. SouthTrust Bank, NA, 315 F.3d 533, 535 (5th Cir. 2003) (citation
modified). 	Whether to grant or deny a continuance is within the sound
discretion of the trial court. United States v. Alix, 86 F.3d 429, 434 (5th Cir.
1996). 	In deciding whether to grant a continuance, the Court’s “judgment
range is exceedingly wide, for . . . [it] must consider not only the facts of the
1 	R. Doc. 59.
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particular case but also all of the demands on counsel’s time and the court’s.”
Streber v. Hunter, 221 F.3d 701, 736 (5th Cir. 2000) (quoting HC Gun &
Knife Shows, Inc. v. City of Houston, 201 F.3d 544, 549–50 (5th Cir. 2000)
(citation modified)).
The 	parties 	argue 	that 	plaintiff’s 	medical 	condition 	will 	not 	be
sufficiently evaluated and treated prior to trial. 2 Plaintiff’s treating physician
has ordered additional diagnostic testing, and surgery may be required. As
a result, the parties argue, the extent of damages will not be known by the
time of trial, and expert witnesses will not be able to fully evaluate plaintiff’s
medical condition.
The parties have already sought and received a continuance of trial and
all deadlines in this case on the same grounds on which they now seek a
second continuance. 3 	This case was filed over two years ago.4 	The need to
evaluate tests and arrive at a possible surgery recommendation can be
accomplished in short order. 	Nevertheless, the first deadlines in the
Scheduling Order are now upon the parties, and a modest continuance would
allow the parties a reasonable amount of time to determine plaintiff’s
medical needs.
2 	Id. at 2.
3 	R. Doc. 53; R. Doc. 54.
4 	R. Doc. 1.
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The Court therefore GRANTS THE MOTION IN PART and resets
all deadlines in the April 29, 2026 Scheduling Order as follows:
Plaintiff’s 	expert 	reports 	under 	Fed. 	R. 	Civ. 	P. 	26(a)(2)(B) 	or
disclosures under Fed. R. Civ. P. 26(a)(2)(C) shall be delivered to counsel for
Defendant as soon as possible, but in no event later than JANUARY 1,
2027.
Defendant’s 	expert 	reports 	under 	Fed. 	R. 	Civ. 	P. 	26(a)(2)(B) 	or
disclosures under Fed. R. Civ. P. 26(a)(2)(C) shall be delivered to counsel for
Plaintiff as soon as possible, but in no event later than JANUARY 21, 2027.
Depositions for trial use shall be taken and all other discovery shall be
completed no later than JANUARY 26, 2027.
Counsel for the parties shall file in the record and serve upon their
opponents a list of all witnesses who may or will be called to testify at trial,
including the address and telephone number of each witness. 	Each party
shall designate those witnesses whose testimony the party expects to present
by 	deposition, 	and 	include 	a 	transcript 	of 	the 	pertinent 	parts 	of 	the
deposition. Additionally, each party shall identify the documents or exhibits
the party may or will use at trial, separately identifying those items the party
expects to offer and those it may offer if the need arises. These disclosures
must be made no later than JANUARY 26, 2027.
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All non-evidentiary pretrial motions, including dispositive motions
and class action certification motions, shall be filed no later than JANUARY
26, 2027. Memoranda in opposition to motions with citations of authorities
are to be filed no later than FEBRUARY 2, 2027. Reply memoranda shall
be filed by 4:00 P.M. on FEBRUARY 8, 2027. The motion will be deemed
submitted 	on 	FEBRUARY 	10, 	2027. 	Deposition 	transcripts
submitted in support of motions are to be in an uncompressed
format, specifically, double spaced lines on single sided pages.
Motions challenging the qualifications of expert witnesses, and/or the
reliability, or relevance of expert testimony (“Daubert motions”) shall be
filed no later than JANUARY 26, 2027. 	Memoranda in opposition to
motions 	with 	citations 	of 	authorities 	are 	to 	be 	filed 	no 	later 	than
FEBRUARY 2, 2027. 	Reply memoranda shall be filed by 4:00 P.M. on
FEBRUARY 	8, 	2027. 	The 	motion 	will 	be 	deemed 	submitted 	on
FEBRUARY 10, 2027. This Section adheres to Local Rule 78.1 regarding
oral argument on motions.
Motions in limine shall be filed on or before MARCH 30, 2027, and
responses thereto shall be filed no later than APRIL 6, 2027.
Motions filed in violation of this order will not be considered
unless good cause is shown.
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No later than MARCH 13, 2027, the parties shall exchange copies of
exhibits, a list of proposed trial exhibits, as well as deposition designations
of proposed trial witnesses. By no later than MARCH 16, 2027, the parties
shall exchange objections to exhibits and deposition testimony. 	No later
than MARCH 17, 2027, the parties must meet in person, video conference
or telephone to arrive at all possible stipulations and to resolve objections as
to the admissibility of exhibits and deposition testimony. The parties shall
submit memoranda on any unresolved objections to exhibits or deposition
testimony no later than MARCH 30, 2027.
The Court will not permit any witness, expert or fact, to testify or any
exhibits to be used unless there has been compliance with this Order as it
pertains to the witness and/or exhibits, without an order to do so issued on
motion for good cause shown.
IF ANY PARTY WISHES TO SCHEDULE A SETTLEMENT
CONFERENCE, 	THAT 	PARTY 	SHOULD 	CONTACT 	THE
ASSIGNED MAGISTRATE JUDGE SIX WEEKS PRIOR TO THE
PRETRIAL 	CONFERENCE 	DATE 	FOR 	THE 	PURPOSE 	OF
SCHEDULING A SETTLEMENT CONFERENCE TO BE HELD AT
LEAST TWO WEEKS PRIOR TO THE PRETRIAL CONFERENCE.
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A final Pretrial Conference will be held on APRIL 1, 2027 AT 11:00
A.M. 	The pretrial order must be filed electronically through the Court’s
Electronic Case Filing system by 12:00 P.M. on MARCH 30, 2027.
Trial will commence the week beginning APRIL 12, 2027 at 8:30
A.M. before the District Judge WITH a jury. 	Attorneys are instructed to
report for trial no later than 30 minutes prior to this time. The starting time
on the first day of a jury trial may be delayed or moved up because of jury
pooling. 	Trial must be completed in three days. 	The Court will allot trial
time to each side at the Pretrial Conference.
New Orleans, Louisiana, this _____ day of October, 2026.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
16th
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