On the day its infringement disclosures were due, the Plaintiff filed a motion seeking a 21 day extension for its disclosures under patent local rules 3-1 and 3-2 (infringement contentions) and a 42-day extension for the Defendants' P.R. 3-3 and 3-4 disclosures.
Judge Payne denied the motion, noting that it did not show good cause why an extension should be granted – in fact it did not identify any reason at all why the Plaintiff needed an extension, or why it waited until the last possible moment to request one.
The Court also found disingenuous the plaintiff's representation that "counsel for defendants consent to this extension" was not entirely accurate, as the certificate of conference admits only that the plaintiff electronically conferred with "20 of 31 defendants" before the filing.
Accordingly, the Court denied the motion, but gave the plaintiff an additional five days to allow time for compliance with its order.