King v. GulfMark Americas, Inc, No. 2:2015cv01964 - Document 37 (E.D. La. 2017)

Court Description: ORDER AND REASONS denying 34 Motion to Continue. For the foregoing reasons, defendant's motion is DENIED, except that the deposition and discovery deadline will be extended until May 17, 2017. All other deadlines will remain the same. Signed by Judge Sarah S. Vance on 5/4/2017. (cg)

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King v. GulfMark Americas, Inc Doc. 37 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KORTNEY KING CIVIL ACTION VERSUS NO. 15-1964 GULFMARK AMERICAS, INC. SECTION “R” (3) ORD ER AN D REASON S Before the Court is defendant GulfMark Am ericas, Inc.’s m otion to continue trial in this m atter. 1 For the following reasons, the m otion is denied. I. BACKGROU N D This is a J ones Act case. According to plaintiff Kortney King’s com plaint, plaintiff was previously em ployed by GulfMark as a seaman aboard the vessel M/ V KNOCKOUT. 2 Plaintiff alleges that on February 18, 20 14, he was carrying groceries on the steps near the second floor of the vessel when he slipped on m elted ice and fell down the steps. 3 The fall caused injuries to King’s back, head, legs, and hands. 1 2 3 R. Doc. 34. R. Doc. 1 at 2 ¶ 8. Id. at 3 ¶ 9. Dockets.Justia.com Plaintiff filed suit on J une 8, 20 15. In his lawsuit, King alleges that the fall was caused solely by the negligence of GulfMark, and that the M/ V KNOCKOUT was unseaworthy at the tim e of his fall. 4 Plaintiff alleges that that he is entitled to m aintenance and cure from GulfMark, as well as com pensatory and punitive dam ages, attorneys’ fees, and costs. Defendant now m oves to continue trial. The m otion is unopposed. II. D ISCU SSION Federal Rule of Civil Procedure 16(b) provides that “[a] schedule m ay be m odified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). 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 “judgm ent range is exceedingly wide,” for it “m ust consider not only the facts of the particular case but also all of the dem ands on counsel’s tim e and the court’s.” Streber v. Hunter, 221 F.3d 70 1, 736 (5th Cir. 20 0 0 )(internal citations om itted). Defendant argues that plaintiff’s m edical uncertainty warrants the continuance, as plaintiff’s treating physician has recom m ended surgery, but 4 Id. at 3-4 ¶¶ 10 , 11. 2 surgery has not yet occurred. 5 This is the exact reason plaintiff gave the Court in plaintiff’s previous m otion to continue, which was granted in J uly6 of last year. Defendant’s m otion gives no indication why the surgery—which was recomm ended at least as far back as J uly 20 16—has not yet occurred, and there is also no indication if the surgery is even scheduled. 7 As such, the Court finds that defendant has not shown good cause to warrant a second continuance of this m atter. As to defendant’s argum ent that a downturn in the oil and gas industry has m ade scheduling the rem aining depositions difficult, the Court will extend the discovery deadline by three weeks. All depositions and discovery in this m atter shall be com pleted by Wednesday, May 17. All other deadlines will rem ain the same. 5 R. Doc. 34-1 at 1. See R. Doc. 21 at 1; R. Doc. 23. 7 GulfMark’s argument that trial should be continued because plaintiff needs surgery is at odds with GulfMark’s argum ent in its m otion for partial sum m ary judgm ent that plaintiff is at m axim um m edical im provem ent. See R. Doc. 31-1 at 5. 3 6 III. CON CLU SION For the foregoing reasons, defendant’s m otion is DENIED, except that the deposition and discovery deadline will be extended until May 17, 20 17. 4th New Orleans, Louisiana, this _ _ _ _ _ day of May, 20 17. _____________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 4

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