SAN FRANCISCO (LN) — U.S. District Judge Noél Wise struck a Daubert motion filed by Gary Merle Koeppel and the Koeppel Family Trust, finding the plaintiffs missed the October 14, 2025, filing deadline by more than three months without demonstrating diligence.
The court issued its scheduling order June 13, 2025, setting the Daubert motion deadline for October 14, 2025, and the dispositive motion hearing for December 17, 2025. When neither party filed any motions by the October deadline, the court vacated the December hearing on December 9, 2025, but reminded parties that all other dates remained in effect.
On January 20, 2026, Koeppel filed a motion to exclude testimony from defendants’ expert witness Hansen under Federal Rule of Evidence 702 and Daubert. The court found the plaintiffs neither sought leave to modify the scheduling order nor offered any good cause for the late filing.
Citing Ninth Circuit precedent in Johnson v. Mammoth Recreations, Inc., the court stated that carelessness is incompatible with a finding of diligence and offers no reason for relief. Because Koeppel failed to demonstrate diligence, the good cause inquiry ended without the court needing to assess prejudice to the defendants.
The order struck the motion as untimely and barred refiling.