Oliveras et al v. Castildi et al

Filing 53

ORDER granting to the extent set forth in the attached ruling 50 plaintiffs' Motion to Compel and for Extension of Time to Complete Discovery (see attached). Signed by Judge Joan G. Margolis on 1/06/15. (Malone, A.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
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:
JOSE OLIVERAS ET AL.
:
:
V.
:
:
JASON CASTILDI ET AL.
:
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3:12 CV 858 (JGM)

DATE: JANUARY 6, 2015

RULING ON PLAINTIFFS' MOTION TO COMPEL AND FOR EXTENSION OF TIME TO
COMPLETE DISCOVERY
On June 11, 2012, plaintiffs commenced this diversity action against defendants,
arising from a multi-vehicle collision on I-95 North in Darien, Connecticut, on June 19, 2010
(Dkt. #1); an Amended Complaint was filed on February 28, 2013.

(Dkt. #19).

On

December 19, 2014, defendants filed their answer and affirmative defenses. (Dkt. #51).
On January 28, 2014, the parties consented to trial before this Magistrate Judge. (Dkt. #25).
Under the latest scheduling orders, all fact discovery was to be completed by
November 29, 2014, all expert discovery is to be completed by January 13, 2015, and all
dispositive motions are to be filed by February 10, 2015. (Dkts. ##43-49). On December
16, 2014, this Magistrate Judge filed an electronic order (Dkt. #49), requiring submissions
from counsel within three days regarding the status of discovery, with which both counsel
complied.

During this time period, on December 17, 2014, plaintiffs filed the pending

Motion to Compel and for Extension of Time to Complete Discovery (Dkt. #50),1 as to which
defendants filed their partial brief in opposition two days later. (Dkt. #52).
As set forth in plaintiffs' motion, plaintiffs served discovery requests upon defendants,

1

The following four exhibits were attached: affidavit of counsel, sworn to December 17,
2014; copy of letter, dated September 23, 2014, with plaintiffs' multiple Interrogatories and
Requests for Production (Exh. 1); copy of e-mail between counsel, dated October 9 and November
24, 2014 (Exh. 2); and copy of correspondence between counsel, dated December 3, 2014 (Exh.
3).

which defense counsel is unable to answer because he has been unable to locate his client,
Jason Castildi, the driver of the truck involved in the accident; as a result, plaintiffs seek a
"date certain when . . . defendants must reply to plaintiffs['] discovery demands," with an
additional thirty days in which to complete discovery. (Dkt. #50, at 3). In their partial
objection, defendants represent that defendant Ean Trust has fully responded, except with
respect to one interrogatory regarding all the vehicles it has rented from Enterprise Rental
Cars (on the basis of undue hardship), that defendant Castildi "remains out of contact[,]"
despite defense counsel having retained the services of a private investigator to locate him,
that plaintiffs are not prejudiced in that defense counsel has provided a recorded statement
given by defendant Castildi in which he concedes that contact between his vehicle and the
Lumbert vehicle in front of him was "due to his inattention[,]"2 that in their answer,
defendants concede negligence for the contact between these two vehicles, that defense
counsel has provided three deposition transcripts from the lawsuit filed in state court by the
Lumberts against defendant Castildi, that defense counsel is willing to provide uncertified
answers to the interrogatories directed to Castildi, and that defendants do not object to an
extension of time. (Dkt. #52, at 1-3).
If they have not done so already, on or before January 30, 2015, defendants are
to provide all the answers they are capable of giving in light of defendant Castildi's absence,
except for the one interrogatory directed to defendant Ean Trust regarding the Enterprise
rental vehicles; where appropriate, defense counsel may incorporate by reference the various
documents that recently have been provided to plaintiffs' counsel. All fact discovery shall be
completed on or before February 27, 2015, all expert discovery shall be completed on

2

The Lumbert vehicle, in turn, struck plaintiffs' vehicle.

2

or before March 31, 2015, and all dispositive motions are to be filed on or before April
30, 2015. There shall be no further extensions, absent unforeseen circumstances.3
Accordingly, plaintiffs' Motion to Compel and for Extension of Time to Complete
Discovery (Dkt. #50) is granted to the extent set forth above.
Dated this 6th day of January, 2015, at New Haven, Connecticut.

/s/ Joan G. Margolis, USMJ
Joan Glazer Margolis
United States Magistrate Judge

3

If any counsel believes that a settlement conference before another U.S.
Magistrate Judge or Special Master would be productive, he should contact Chambers
accordingly.
3