Summary
The United States District Court for the District of Utah grants in part Plaintiff Nancy Rosecrans’s motion to amend the scheduling order in her employment-discrimination action. The court finds good cause based on Plaintiff’s medical restrictions but grants only an additional 45 days of fact discovery, extending subsequent deadlines, and cautions that further extensions will require a showing of severe hardship.
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Practice areas
Questions Presented
- Whether Rosecrans established good cause under Federal Rule of Civil Procedure 16(b)(4) to modify the scheduling order and extend fact discovery.
- If good cause existed, whether the requested 90-day extension and extensions of subsequent deadlines were warranted.
Holdings
- Rosecrans's documented medical restrictions established good cause under Federal Rule of Civil Procedure 16(b)(4) to amend the scheduling order because they made participation in discovery difficult despite her participation in discovery efforts.
- The court granted only 45 additional days of fact discovery, rather than the requested 90 days, and extended all subsequent deadlines accordingly.
Key quotations
“Federal Rule of Civil Procedure 16(b)(4) provides that scheduling orders “may be modified only for good cause and with the judge's consent.”” (Standard)
“The schedule is amended to provide an additional 45 days of fact discovery from the date of this order with an extension of all other subsequent deadlines.” (Order)
Factual background
Rosecrans, formerly a paralegal for defendants, was involved in a serious auto-pedestrian accident that caused multiple severe injuries and impaired her ability to sit, stand, move, and lift heavy objects. After returning to work, she requested a disability accommodation, which defendants denied, and she was terminated in August 2021. In the litigation that followed, she asserted that medical restrictions, medication side effects, and cognitive difficulties prevented her from completing fact discovery within the existing schedule.
Procedural history
Nancy Rosecrans brought eight claims against her former employers and Eric Lee, including claims under the Americans with Disabilities Act and claims concerning alleged employment promises. She moved for an amended scheduling order based principally on medical restrictions following a serious accident. The district court granted the motion in part, allowing 45 additional days of fact discovery and extending subsequent deadlines, while indicating that further extensions would not be granted absent severe hardship.