288 F.R.D. 251
W.D.N.Y.2012Background
- Plaintiff filed this action on February 24, 2012, alleging ADEA and NYSHRL violations.
- Case management order set fact discovery completion by December 21, 2012, and limited extensions to good cause.
- Plaintiff noticed depositions of defendant representatives on June 23, 2012.
- On December 21, 2012, plaintiff sought a brief extension to depose Niedrauer, McKay, and Dickerson; defendant declined.
- Plaintiff filed a motion for extension; magistrate judge denied the motion for lack of good cause.
- The court analyzed Rule 16(b)(4) and Kassner factors, denying relief and emphasizing diligence and prejudice considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good cause exists to extend fact discovery | Plaintiff seeks extension under Rule 16(b) for scheduling conflicts | Defendant argues lack of diligence and no good cause given late request | No good cause; motion denied |
| Role of diligence in showing good cause under Rule 16(b) | Diligence not strictly required per Kassner interpretation | Diligence required; Kassner not controlling to disregard diligence | Diligence required; Kassner does not negate need for diligence |
| Impact of potential prejudice on extension decision | Not explicitly argued as prejudice issue | Delay could prejudice defendants | Prejudice considerations accompany denial when diligence is lacking |
Key Cases Cited
- Parker v. Columbia Pictures Industries, 204 F.3d 326 (2d Cir.2000) (good cause depends on moving party's diligence; other factors possible)
- Grochowski v. Phoenix Construction, 318 F.3d 80 (2d Cir.2003) (diligence central to good cause; other factors possible)
- Presbyterian Church of Sudan v. Talisman Energy, Inc., 582 F.3d 244 (2d Cir.2009) (good cause includes broader factors; helpful to consider prejudice)
- Holmes v. Grubman, 568 F.3d 329 (2d Cir.2009) (good cause depends on diligence; other considerations exist)
- Kassner v. 2nd Avenue Delicatessen Inc., 496 F.3d 229 (2d Cir.2007) (primary is diligence; other factors, including prejudice, may be considered)
- Bank of Nova Scotia v. United States, 487 U.S. 250 (Supreme Court 1988) (Rule 16(b) bound by its mandate; strict standard for extensions)