One of our more popular posts over time has been a post about what you can and cannot stipulate to in D. Del.
In the post, we note that certain kinds of stipulations are kinda iffy, in that "the parties can file a stipulation [about the issue] but the Court may deny or modify it, or the stipulation may have unexpected consequences." One of those categories is requests to move the trial date.
We got a good example of that this week in Rotolight Limited v. Videndum PLC, C.A. No. 22-0098-JLH, D.I. 119 (D. Del. July 8, 2024). The parties tried to stipulate to move the trial date back by over six months, and to move the intervening dates back as well, including the dispositive motions deadline.
The Court didn't go for it:
ORAL ORDER: The parties' Stipulation and Proposed Order Amending Schedule (D.I. 118 ) is REJECTED. The Court has already granted five extensions (D.I. 75, 86, 100, 102, 104), and the record does not reflect good cause for an additional six month extension of the scheduling order deadlines and to reschedule the trial. . . . Ordered by Judge Jennifer L. Hall on 7/8/2024. (ceg) Modified on 7/8/2024 (ceg). (Entered: 07/08/2024)
Id. Judge Hall said that the parties can either file a new stip that doesn't touch the dispositive motions deadline, or consent to magistrate judge jurisdiction:
The parties may file an amended stipulation that maintains the trial date and case dispositive motions deadline (or maintains the trial date and eliminates summary judgment motions). Alternatively, the parties may consent to the jurisdiction of a magistrate judge, who may be able to accommodate the parties' request to change the trial date.
Id.
This is a good reminder that while the majority of scheduling stipulations sail through without issue, you can run into trouble when you start messing with hearing deadlines, particularly with trial, and with the dispositive motions deadline (although it has been a while since we've seen parties lose their trial date because they extended summary judgment briefing).
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