CS Business Systems, Inc. et al v. Schar et al

Filing 79

ORDER terminating as moot #70 the Motion to Compel the production of documents and granting #71 the Motion for Extension of Time. See the order for details. Signed by Magistrate Judge Philip R. Lammens on 5/19/2017. (CAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CS BUSINESS SYSTEMS, INC., JAMES
L. SHELTON, VIRGINIA L. SHELTON,
BRAD HECKENBERG, LANA C.
HECKENBERG, PJS RENTAL, LLC,
WON Y. SHIN TRUST, WON Y. SHIN,
BART
SUTHERIN,
KATHRYN
SUTHERIN and ITZ GROUP, LLC, a
foreign for-profit corporation
Plaintiffs,
v.

Case No: 5:17-cv-86-Oc-PGBPRL

DWIGHT C. SCHAR, PAUL E.
SIMONSON,
DCS
INVESTMENTS
HOLDINGS GP, LLC, DCS REAL
ESTATE INVESTMENTS, LLC, DCS
REAL ESTATE INVESTMENTS I, LLC,
DCS REAL ESTATE INVESTMENTS II,
LLC,
DCS
REAL
ESTATE
INVESTMENTS III, LLC, DCS REAL
ESTATE INVESTMENTS IV, LLC, DCS
REAL ESTATE INVESTMENTS IV-A,
LLC,
DCS
REAL
ESTATE
INVESTMENTS V, LLC, BELLA
COLLINA
PROPERTY
OWNERS
ASSOC., INC., DAVID BURMAN,
AEGIS COMMUNITY MANAGEMENT
SOLUTIONS, INC., RANDALL F.
GREENE, KEITH CLARKE, PAUL
LEBREUX, RICHARD C. ARRIGHI,
JAMES D. RYAN, MICHAEL J. RYAN,
THE RYAN LAW GROUP, LLC,
CULLEN D’AMBROSIO, ROCKING
RED H, LLC, RICKY L. SCHARICH and
BELLA COLLINA TOWERS, LLC
Defendants.

ORDER
Before the Court is a motion to compel the production of documents filed by Defendant
DCS Real Estate Investments, LLC, against Plaintiffs James L. Shelton, Virginia L. Shelton, Brad
Heckenberg, and Lana C. Heckenberg. (Doc. 70). According to DCS, it served Plaintiffs with
its First Request for Production on April 3, 2017 by hand-delivery. But, to date, DCS has not
received any response from Plaintiffs.
DCS further states that its counsel attempted to confer with Plaintiffs’ counsel on several
occasions via phone and email and that it was not until May 11, 2017, the day this motion was
filed, that Plaintiffs’ counsel finally responded. According to DCS, that response was inadequate:
“Counsel for the plaintiffs reacted as though the thirty-day deadline [in which to respond to the
production requests] was merely a suggestion or soft guidance.” (Doc. 70 at 2).
But on the same day that DCS filed its motion, Plaintiffs James L. Shelton, Virginia L.
Shelton, Brad Heckenberg, and Lana C. Heckenberg filed their own motion requesting an
additional thirty days to respond to DCS’s production request. (Doc. 71). Plaintiffs further
represent that they have been diligently acquiring responsive documents, that it is impossible to
respond to the production requests within thirty days, and that DCS refused their request for an
extension.1 (Doc. 71 ¶¶3, 4, 5).

1

DCS then filed a response to Plaintiff’s motion for an extension arguing that Plaintiffs have not
shown a good faith basis for the requested extension nor shown any excusable neglect. (Doc. 75). While
I agree that Plaintiffs should have filed their motion sooner than they did, they do assert in their motion that
they are working to acquire responsive documents, that they cannot produce the documents within the initial
thirty days, and that DCS refused their request for an extension (presumably this request, however, was
untimely made on May 11, 2017, over a week after the documents at issue were due). And as to any
prejudice that DCS may suffer from Plaintiffs’ delay, I note that motions to dismiss are currently pending
in this case (Docs. 43, 48), that no Defendant has filed an answer at this time, and that neither a case
management report nor a scheduling order has been entered in this case at this time.
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Upon due consideration, the motion to compel (Doc. 70) is TERMINATED AS MOOT.
Plaintiffs have stated that they will produce responsive documents and the Court is disinclined to
guess what documents may still be at issue at that time. Accordingly, Plaintiffs’ motion for an
extension of time (Doc. 71) is GRANTED and they may respond to DCS’s production requests
on or before June 5, 2017.
All counsel are reminded of their duty to confer under Middle District of Florida Local
Rule 3.01(g).
Discovery

Counsel may also benefit from reviewing the Middle District of Florida’s
Handbook

(see

http://www.flmd.uscourts.gov/forms/Civil/2015-

Civil_Procedure_Handbook.pdf).
DONE and ORDERED in Ocala, Florida on May 19, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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