When Can a Judge Say a Plaintiff’s Had Enough Time to Find an Expert?

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Plaintiffs bred rodeo and ranch horses in New Mexico. The defendant Nutrition Company delivered feed for the horses in December 2016. Shortly thereafter, some of Plaintiffs’ horses fell ill. Two days later, two horses had died. Plaintiffs filed this action against Defendant nearly a year later, claiming that the feed was contaminated with monensin, an antibiotic, which poisoned the horses.

Defendant denied that its feed caused the horses’ injuries.

The trial judge held a status conference and specifically told the parties that the purpose was to avoid opposed motions to extend the discovery deadlines late in the discovery process. The judge explained that the party moving to amend a scheduling order must show good cause, and that the most important factor in determining good cause is the moving party’s diligence.

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