Gonzalez et al v. Walmart, Inc.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
EMMANUEL GONZALEZ, ET AL. 	CIVIL ACTION
VERSUS 	NO. 24-1985
WALMART, INC. 	SECTION “R” (1)
ORDER AND REASONS
Before the Court defendant’s motion to continue trial, pretrial, and
associated deadlines. 1 	Defendants state that a continuance is necessary
because of other case matters for counsel for both parties and the transition
back from maternity leave for lead counsel for defendant.
Federal Rule of Civil Procedure 16(b) 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 Enter., L.L.C. v.
SouthTrust Bank of Ala., NA, 315 F.3d 533, 535 (5th Cir. 2003) (internal
citations omitted). 	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
1 	R. Doc. 22.
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“judgment range is exceedingly wide, for . . . [it] must consider not only the
facts of the 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) (internal quotation marks omitted)).
Defendant 	has 	not 	demonstrated 	good 	cause 	for 	modifying 	the
scheduling order. At this juncture discovery remains open and trial is not set
until May 4, 2026. 2 	Defendant does not explain how the deadlines as they
currently stand cannot be met despite exercising diligence. Accordingly, the
Court DENIES the motion.
New Orleans, Louisiana, this ____ day of January, 2026.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
2 	R. Doc. 21.
29th
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