United States District Court, N.D. Texas, Dallas Division
MEMORANDUM OPINION AND ORDER
Lindsay United States District Judge
the court is Plaintiff Kerri Holder's
(“Plaintiff”) Motion to Modify Scheduling Order
(“Motion”) (Doc. 12), filed October 18, 2019.
After careful consideration of the Motion, response, the
record, and applicable law, the court denies
Plaintiff's Motion to Modify Scheduling Order (Doc. 12).
action was removed from the 192nd Judicial District Court of
Dallas County, Texas, to this court on October 11, 2018. The
court entered its Scheduling Order (Doc. 7) on December 28,
2018, and no amendments have been made. On October 18,
2019-the deadline for all dispositive motions-Defendant
Healthcare Service Corporation d/b/a Blue Cross Blue Shield
of Texas (“Defendant”) filed its Motion for
Summary Judgment (Doc. 10), upon which the court has not yet
ruled. On the same day, Plaintiff filed her Motion to Modify
Scheduling Order (Doc. 12).
Motion, Plaintiff seeks leave of court to amend the current
Scheduling Order (Doc. 7). In doing so, she seeks to amend
all of the deadlines in the court's order and move the
trial from the court's March 2, 2020 docket to its
December 9, 2020 docket. Plaintiff contends that her request
for leave to amend is not based on “oversight and a
lack of due diligence” but, instead, is due to her
“change of course, an extended period of time in
setting mediation, and requisite research of a massive amount
of insurance billing and physicians' billing.”
Id. In support of her request, she provides the
On, or about, December 20, 201,  Defendant approached
Plaintiff with a proposed framework to resolve the claims
asserted in the lawsuit.
During the next ninety days, the parties researched issues
related [to] resolving the claims asserted in the lawsuit.
On April 11, 2019, counsel for Defendant presented its
original settlement offer.
On May 1, 2019, counsel for Defendant proposed postponing the
deadline for Rule 26 disclosures and to postpone the deadline
for amending pleadings indefinitely and revise these
deadlines on June 1, 2019 if the parties had not reached an
agreement by that time.
By May 31, 2019, counsel for both parties were still trying
to resolve the amount of attorneys' fees Defendant was
willing to pay.
By July 1, 2019, counsel for both parties had still not
reached a final agreement for resolving the case but were
still diligently working toward a resolution of the case.
By mid-July 2019, it became apparent that Plaintiff would not
resolve her claims within the settlement framework upon which
the parties had been pursuing.
On July 18, 2019, counsel commenced trying to acquire a
mediation date. No. mediation date could be obtained from a
mediator to which bother parties agreed before October 2019.
On October 14, 2019, this matter was mediated by Mary Burdin
which rendered no agreement ...