Cook v. Hudson et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DWAYNE ANTHONY COOK 	CIVIL ACTION
VERSUS 	NO. 24-2916
CHRISTOPHER HUDSON AND
INGRAM INDUSTRIES, INC.
SECTION “R”
ORDER AND REASONS
Before the Court are two motions from plaintiff Dwayne Anthony Cook
to continue trial and all pre-trial deadlines.1 	Defendants oppose both
motions. 2 The Court denies the motions to continue.
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) (cleaned
up). 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
1 	R. Docs. 31, 32.
2 	R. Doc. 33.
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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)
(cleaned up)).
The Court denies the motions to continue. 	The alleged accident
occurred in August 2024. 	Plaintiff has had ample opportunity to conduct
discovery and meet the Court’s deadlines, which were set in February 2025.
That plaintiff’s new counsel failed to enroll for five months is not good cause
for a continuance and does not show any diligence. See S&W Enters., L.L.C.,
315 F.3d at 535. The Court finds that the plaintiff has not established good
cause to amend the scheduling order.
For the foregoing reasons, the Court DENIES the motion to continue
trial and all pre-trial deadlines.
New Orleans, Louisiana, this _____ day of November, 2025.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
14th
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