Federal Deposit Insurance Corporation v. Harry Brown & Co., LLC, et al

Filing 103

ORDER directing that the 101 Motion for Reconsideration is DENIED, as further set out; further ORDERED that the deadline for completion of all discovery is EXTENDED to March 30, 2015. Signed by Honorable Judge W. Harold Albritton, III on February 17, 2015. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
THE FEDERAL DEPOSIT INSURANCE
CORPORATION,
Plaintiff,
v.
HARRY BROWN & CO., LLC;
STEWARDSHIP INVESTMENTS, LLC;
HARRY I. BROWN, JR.; and JOHN M.
BROWN, as personal representative of the
ESTATE OF HARRY I. BROWN, SR.,
Defendants.
HARRY BROWN & CO., LLC;
STEWARDSHIP INVESTMENTS, LLC;
HARRY I. BROWN, JR.; and JOHN M.
BROWN, as personal representative of the
ESTATE OF HARRY I. BROWN, SR.,
Counterclaimants,
v.
THE FEDERAL DEPOSIT INSURANCE
CORPORATION,
Counterclaim–
Defendant.

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Civ. Action No. 2:13-cv-350-WHA
(WO)

ORDER
This cause is before the court on a Motion for Reconsideration of Doc. #100. The
Defendants want to have the trial of this cause remain on the March trial docket, and want it to
be clear that they do not contend that the pending summary judgment motion has any impact on
their agreement regarding their discovery dispute.
As it stands, although the parties have reached an agreement to resolve the discovery

dispute, if a discovery dispute remains on March 17, 2015, it will be resolved by the Magistrate
Judge at that time. This court has managed its trial docket based on the date set for that
resolution. The Defendants’ characterization of their agreement regarding discovery does not
change that determination. The trial setting will remain as set by Doc. #100.
The court notes that this case was set for trial on March 23, 2015 and pretrial conference
on February 19, 2015, in its Uniform Scheduling Order (Doc. #32), entered on February 25,
2014. That same order set August 1, 2014 as the discovery deadline, which deadline was later
extended to September 30, 2014 (Doc. #41). Discovery disputes have continued since that time
and now, less than one week before the previously scheduled (now rescheduled) pretrial
conference, the Defendants object to a trial postponement while showing that a great amount of
written discovery is still due from the Plaintiff and seven depositions are still planned to be taken
by the Defendants within 30 days from February 6, 2015.
The Federal Rules of Civil Procedure, Local Rules, and Orders of this court anticipate an
orderly schedule of discovery, with deadlines to be enforced and motions to compel as a
mechanism for enforcement, with the expectation that such motions to compel will be timely
filed and promptly pursued to resolution. Therefore, in anticipation of the new pretrial and trial
dates, and the discovery still to be completed, the court will also set a new deadline for
completion of all discovery.
The request for a stipulation as to agreed-upon discovery, or other discovery-related
matters, will be resolved by the Magistrate Judge.
The undersigned will resolve the remaining issues presented by the Motion for Summary
Judgment based on the state of the evidence presented in the summary judgment record.
The Motion for Reconsideration is ORDERED DENIED.

It is further ORDERED that the deadline for completion of all discovery is EXTENDED
to March 30, 2015.
DONE this 17th day of February, 2015.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE