In a medical negligence action arising from allegations that hepatitis B vaccinations caused multiple sclerosis, the court addressed a request by the plaintiffs' counsel for an extension of time to deliver responding motion materials on a pending summary judgment motion.
The request was made by letter after a case conference, notwithstanding that an adjournment motion and related procedural issues had already been scheduled for hearing.
The court held that the letter request was improper and that the existing consent scheduling order remained in full force and effect unless and until amended.
The extension request was therefore denied, with the plaintiffs' broader adjournment motion left to be determined in the ordinary course.
