The Other Side’s Inaction May Not Be Enough for Relief from the Scheduling Order

Emanuel v. Bastrop ISD, No. A-12-CV-592-LY, slip op. (W.D. Tex. Dec. 19, 2013)(Austin, M.J.)

The Title VII plaintiff had failed to respond to discovery, in part because of intermittent legal representation during the course of the case.  Magistrate Judge ordered Emanuel to serve disclosures, provide a complete and verified interrogatory response, and produce “all outstanding responsive documents on or before Monday, January 6, 2014.”  Slip op. at 3 (underscore and bold omitted).  But he declined the school district’s request for an extension of the dates in the scheduling order, pointing the parties to Judge Yeakel’s allowance of agreed extensions for most deadlines, as well as his etched-in-stone dates for the pretrial conference (late June 2014) and trial (July 2014).  Id. at 3-4.