Vasquez v. Wang

Filing 37

Order granting 36 Second MOTION for Extension of Time to Complete Discovery and to file Dispositive Motions filed by Adam Hwang, Hong Da Tokyo Inc.. Discovery cutoff 8/1/2012. Motions due by 8/6/2012. Signed by Magistrate Judge William E. Cassady on 7/9/2012. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PORFIRIO PERALTA VASQUEZ,  Plaintiff,  vs.                          YAN FEI WANG, et al.,  Defendants.    :    :    :        CA 11‐0382‐KD‐C    :        ORDER This action is back before the Court on another unopposed motion by the defendants to extend the time to complete discovery and to file dispositive motions (Doc. 36), filed July 6, 2012, the date by which discovery was to have been completed in accordance with the supplemental Rule 16(b) scheduling order (see Doc. 35, at 4 (“All discovery is to be completed on or before July 6, 2012.”)). Despite the undersigned’s parenthetical observation in the May 24, 2012 order that no circumstances could be perceived that would establish “good cause sufficient to amend the scheduling order in this case again[]” (Doc. 35, at 4 n.2), defendants maintain in the present motion that additional time is needed to depose the plaintiff and finalize the defendants’ responses to written discovery propounded by plaintiff (Doc. 36, at 2-3). Counsel for defendants again points to the language barrier which has existed in this case and the fact that she has now garnered the services of a translator who has enabled her to effectively communicate with her clients such that “there should be no further delays in this matter.” (Doc. 36, at 3.) Although the undersigned is reticent about granting the present request, it should be noted that granting the defendants’ motion will have no impact on any of the remaining deadlines set forth in the supplemental scheduling order. (Compare Doc. 36 with Doc. 35, at 4-5.) Accordingly, the defendants’ second motion for extension of time to complete discovery and to file dispositive motions (Doc. 36) is GRANTED. All discovery in this action is to be completed on or before August 1, 2012 and all dispositive motions are to be filed not later than August 6, 2012.1 DONE this the 9th day of July, 2012. s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE This is the final extension of the remaining Rule 16(b) deadlines that will be granted in this non-jury FLSA action. 1 2

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