A Blog About Intellectual Property Litigation and the District of Delaware


As jury trials in Delaware continue to get back on track, the judges' trial calendars are jam packed for 2021 and 2022. What does this mean if you have an upcoming trial date and need to move it?

In some cases, you might be out of luck. Yesterday, Judge Andrews denied an unopposed motion to extend a case schedule that would have pushed trial from June 2022 to September 2022. The purpose for the request was to provide additional time to complete fact discovery.

In an oral order, Judge Andrews rejected the request outright:

The Parties say they need more time, but simply needing more time is not good cause. The Court's schedule is already completely full for the foreseeable future. Thus, the motion to amend scheduling order (D.I. 110) is DENIED. If the parties want to consent to a magistrate judge's handling the rest of the proceedings in this case, including the trial, they should file such a consent and the Parties can arrange a new schedule with a new judge.

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