The defendants sought to adjourn their summary judgment motion and amend the litigation timetable to allow for the examination of their expert witness.
The plaintiff opposed the request, citing the defendants' failure to diligently pursue the motion and comply with the timetable.
The court found that the defendants caused the delay and failed to properly file their motion materials in accordance with Rule 37.08(1).
The court held there was nothing to adjourn and ordered that the defendants must obtain leave to bring any future summary judgment motion or motion to amend the timetable.
