GPI AL-N, Inc. v. Nissan North America, Inc.

Filing 133

ORDER granting 132 Motion to Amend Scheduling Order. The scheduling order is amended to reopen discovery through 3/31/20 for the sole purpose of allowing plaintiff to conduct the trial preservation deposition of Mr. William F. Hayes, as set out. Signed by District Judge William H. Steele on 12/10/19. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
GPI-AL, INC.,
Plaintiff,
v.
NISSAN NORTH AMERICA, INC.,
Defendant.

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CIVIL ACTION 17-0511-WS-MU

ORDER
This matter comes before the Court on the Consent Motion to Amend Scheduling Order
to Allow Trial Preservation Deposition of Mr. William F. Hayes (doc. 132).
As grounds for the Motion, defendant, Nissan North America, Inc., explains that William
F. Hayes is a former high-level Nissan employee and a key witness in this case on such topics as
the adequacy of Nissan brand representation in the Mobile market, Nissan’s decision to declare
an open point in West Mobile, and the like. Defendant further states that Hayes recently
separated from his employment with Nissan in a manner that was neither known nor foreseeable
to Nissan prior to the close of discovery, that Hayes has indicated that he cannot commit to
attending the May 2020 trial in this action, and that he is outside the subpoena power of this
Court because he resides in Tennessee. On that basis, Nissan requests that discovery be
reopened for the limited, specific purpose of authorizing Nissan to take Hayes’ deposition for
trial preservation purposes. Significantly, Nissan represents that plaintiff, GPI-AL, Inc.,
consents to the relief requested in the Motion, and that intervenor, MB Nissan West Mobile,
LLC, joins in the Motion.
In light of the foregoing circumstances, the Court finds that the proposed amendment of
the Scheduling Order is being requested for good cause and without delay, and that Nissan was
unable to meet the specified deadline despite diligent pursuit of discovery. Accordingly, for
cause shown, the Court in its discretion grants the Consent Motion (doc. 132) pursuant to Rule
16(b)(4), Fed.R.Civ.P., and Civil L.R. 26(c). The operative Scheduling Order is amended as

follows: Discovery will be reopened in this matter through March 31, 2020, for the sole purpose
of allowing plaintiff to conduct the trial preservation deposition of Mr. William F. (“Billy”)
Hayes to be recorded by video and stenographic means before a qualified court reporter and
videographer.
DONE and ORDERED this 10th day of December, 2019.
s/ WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE

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