Klein & Heuchan, Inc. v. CoStar Realty Information, Inc. et al

Filing 50

Joint MOTION for leave to file Reply in Support of Motion to Extend Discovery by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sauers, William)

Klein & Heuchan, Inc. v. CoStar Realty Information, Inc. et al

Doc. 5

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KLEIN & HEUCHAN, INC., Plaintiff, v. COSTAR REALTY INFORMATION, INC., and COSTAR GROUP, INC., Defendants-Counterclaim Plaintiffs, v. SCOTT BELL and KLEIN & HEUCHAN, INC., Counterclaim-Defendants. Civil Action No. 8:08-cv-01227-JSM-EAJ

JOINT MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF JOINT MOTION TO EXTEND DISCOVERY Defendants/Counterclaim Plaintiffs CoStar Realty Information, Inc., and CoStar Group, Inc. (collectively, "CoStar") and Counterclaim-Defendant Scott Bell ("Bell") hereby move pursuant to Local Rule 3.01(c) to file a reply of no more than three pages to Plaintiff/Counterclaim-Defendant Klein & Heuchan, Inc.'s ("K&H") opposition [D.E. 49] to CoStar and Bell's Joint Motion to Extend Discovery [D.E. 48]. A reply is necessary to briefly address the following issues: · CoStar and Mr. Bell established a good cause basis for their motion. Mr. Bell was not added to this case until April 13, 2009, when he answered the counterclaim. This case has substantively changed with the entry of a new party, and all parties would potentially be prejudiced if discovery were not extended.

Dockets.Justia.com

·

K&H will not be prejudiced. K&H will not be prejudiced by a 60-day extensio n of discovery. Indeed, K&H does not even argue that an extension would be prejudicial, and instead, volunteers to allow Mr. Bell alone to proceed with discovery. But because the relationship between K&H and Mr. Bell is central to the parties' dispute, K&H's proposal to allow discovery to proceed in a selective manner would severely prejudice both Mr. Bell and CoStar. This course would effectively allow K&H to avoid answering to Mr. Bell's testimony and his other discovery, and thereby prevent CoStar and Mr. Bell from developing the record regarding Mr. Bell and K&H's relationship. No other deadlines would be affected by an extension. K&H's assertion that this case has been proceeding since last year does not have any bearing on the requested relief. A short 60-day extension until July 27, 2009 would maintain a discovery deadline that is well before the mediation date (August 20, 2009), the dispositive motion deadline (September 1, 2009), and the trial date (January 10, 2010). [D.E. 18, 46.] Moreover, this is the first request for an extension. Thus, no party will be prejudiced ­ an extension would merely allow this case to proceed to a just resolution on the merits. The existence of a related case warrants an extension. There is a related case (Case No. 8:09-cv-565) that was recently transferred to the U.S. District Court for the Middle District of Florida [see D.E. 47]. It may be appropriate to consolidate the two cases and to adjust the discovery deadline in this case accordingly.

·

·

CoStar and Mr. Bell respectfully request leave to file a reply of no more than three pages so that they may fully develop these issues and have an opportunity to respond to K&H's assertions. Dated: May 29, 2009 Respect fully submitted, s/William J. Sauers William J. Sauers (admitted pro hac vice) Sanya Sarich (admitted pro hac vice) Crowell & Moring LLP 1001 Pennsylvania Ave. Washington, DC 20004 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] m

- and William C. Guerrant, Jr. Florida Bar No. 516058 [e-mail] m Trial Counsel William F. Sansone Florida Bar No. 781231 [e-mail] HILL, WARD & HENDERSON, P.A. Suite 3700 ­ Bank of America Building 101 East Kennedy Boulevard Post Office Box 2231 Tampa, Florida 33601 Telephone: [phone] Facsimile: [phone] Counsel for Defendants-Counterclaim Plaintiffs CoStar Realty Information, Inc. and CoStar Group, Inc.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 29, 2009, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which sent a notice of electronic filing to the following: J. Paul Raymond Jeff Gibson Brian J. Aungst MacFarlane Ferguson & McMullen P. O. Box 1669 Clearwater, FL 33757 [e-mail] m [e-mail] [e-mail] Counsel for Plaintiff-Counterclaim Defendant K&H Nicho las Louis Ottaviano Florin Roebig, PA 777 Alderman Rd Palm Harbor , FL 34683 [phone] Fax: [phone] Email: [e-mail] Attorney for Defendant Scott Bell

I FURTHER CERTIFY that that on May 29, 2009, I sent a true and correct copy of the foregoing by electronic and first class mail to: Randall J. Love Randall J. Love & Associates, P.A. 5647 Gulf Drive New Port Richey , FL 34652-4019 [phone] Fax: [phone] [e-mail] Attorney for Defendant Scott Bell

s/William J. Sauers William J. Sauers (admitted pro hac vice) Crowell & Moring LLP 1001 Pennsylvania Ave. Washington, DC 20004 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Defendants-Counterclaim Plaintiffs CoStar Realty Information, Inc. and CoStar Group, Inc.