How not to extend a deadline

Each of the four factors for a deadline extension was in play in AIG Europe, Inc. v. Caterpillar, Inc., No. 19-40934, where the Fifth Circuit observed:

1. Explanation. “If AIG needed information from Caterpillar’s experts to allow Faherty to complete his expert report, AIG should have moved to compel the depositions of those experts.”
2. Importance. “AIG’s claims do not turn on Faherty’s report. Despite the exclusion, AIG had experts on causation.”
3. Prejudice. “Faherty’s report responded to the analysis of Caterpillar’s experts, it also contained new analyses and conclusions. Defendants were not given the opportunity to challenge these conclusions on the critical issue of causation.”
4. Continuance? “Yet another continuance would have delayed summary judgment and a potential trial even further.”