Five-Factor Test for Determining Whether to Grant an Extension of a Discovery Period Set Forth in a Scheduling Order

From Bentkowski v. Scene Magazine, 637 F.3d 689 (6th Cir. 2011):

Federal Rule of Civil Procedure 16(b)(4) provides that "[a] schedule may be modified only for good cause and with the judge's consent." In reviewing a district court's denial of additional time for discovery, courts consider five factors: "(1) when the moving party learned of the issue that is the subject of discovery; (2) how the discovery would affect the ruling below; (3) the length of the discovery period; (4) whether the moving party was dilatory; and (5) whether the adverse party was responsive to . . . discovery requests." Dowling v. Cleveland Clinic Found., 593 F.3d 472, 478 (6th Cir. 2010). "The overarching inquiry in these overlapping factors is whether the moving party was diligent in pursuing discovery." Id.

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