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- scd;;5:17-cv-01994_de57 RegisterActionDate "2018-10-03" @default.
- scd;;5:17-cv-01994_de57 RegisterActionDescriptionText "TEXT ORDER: This matter is before the court pursuant to Plaintiffs' Motion to Quash Mediation and Motion for Status Conference, or in the Alternative, Motion to Amend Scheduling Order (ECF No. 76). Plaintiffs filed the instant Motion because "Attorney Barrett R. Brewer is unable to attend previously scheduled depositions and mediation, due [to] a medical condition his wife (hereinafter "Mrs. Brewer") is suffering from, during her last two weeks of pregnancy, which per physician's order, requires Mr. Brewer to neither travel, nor to be occupied by court-related appearances, for more than 2-3 hours at a time" from September 24, 2018, to October 10, 2018. (Id. at 2.) Plaintiffs assert that "[t]he mediation is currently scheduled on October 5, 2018," and all previously scheduled deposition have been canceled. Plaintiffs further assert that "Defendant has no objection to this Motion, except as it pertains to the mediation." (Id. at 1.) Rule 6(b) provides that "the court may, for good cause, extend the time" specified for "[w]hen an act may or must be done...." Fed. R. Civ. P. 6(b)(1). Moreover, "[g]ood cause exists when the moving party shows that the deadlines cannot reasonably be met despite the diligence of the party requesting the extension." Nautilus Ins. Co. v. SPM Resorts, Inc., C/A No. 4:13-2885-BHH, 2015 WL 5781420, at *2 (D.S.C. Sept. 29, 2015) (citing Vercon Constr., Inc. v. Highland Mortg. Co., 187 F. App'x 264, 265 (4th Cir. 2006)). Due to the exigency of Plaintiffs' request and upon consideration of Attorney Brewer's medical restriction, the court GRANTS IN PART and DENIES IN PART Plaintiffs' Motion. Specifically, the court GRANTS the request to postpone the mediation scheduled for October 5, 2018, GRANTS Plaintiffs' Motion to Amend the Scheduling Order, but DENIES WITHOUT PREJUDICE Plaintiffs' Motion for a Status Conference 76 . The court INSTRUCTS the parties to confer, agree on deadlines, and submit a joint proposed amended scheduling order or before October 17, 2018. Once the parties have made a good faith effort to amend the scheduling order, the court grants leave for the parties to re-file their request for a status conference. Signed by Honorable J Michelle Childs on 10/3/2018.(asni, ) (Entered: 10/03/2018)" @default.
- scd;;5:17-cv-01994_de57 AdministrativeID "77" @default.
- scd;;5:17-cv-01994_de57 hasJudgeReference SJ001538 @default.
- scd;;5:17-cv-01994_de57 hasReferenceToOtherEntry scd;;5:17-cv-01994_de56 @default.