Davis v. McKenzie et al

Filing 77

ORDER denying 75 Plaintiff's Motion for Discovery. Please see Order for details. Signed by Magistrate Judge Barry S. Seltzer on 11/15/2017. (pb00)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-62499-CIV-COHN/SELTZER
COREY DAVIS,
Plaintiff,
vs.
SHAMERE MCKENZIE, SUN GATE
FOUNDATION, PUBLIC BROADCASTING
SERVICE, HANNAH PERRY,
Defendants.
________________________________/
ORDER
THIS CAUSE has come before the Court upon Plaintiff’s Motion for Discovery
[DE 75] which was filed on November 9, 2017. Plaintiff seeks leave to conduct discovery
in order to challenge the Motion for Summary Judgment filed by Defendant Public
Broadcasting Service (“PBS”).
PBS’s Motion for Summary Judgment [DE 40] was filed on June 20, 2017. The
Court issued an Order on June 21, 2017, directing Plaintiff to respond to the summary
judgment motion by July 7, 2017. Plaintiff thereafter moved for three extensions of time
to respond to the Motion for Summary Judgment and his memorandum of law in opposition
was filed on September 18, 2017 [DE 58]. At no time did Defendant request that discovery
be taken or argue that he could not defend the summary judgment motion without taking
discovery.
Plaintiff’s Motion for Discovery is dated September 10, 2017. The envelope it
arrived in, however, was postmarked on October 24, 2017. The Motion for Discovery did

not arrive at the Court until November 9, 2017. The undersigned submitted the Report and
Recommendation on PBS’ Motion for Summary Judgment and on Plaintiff’s Cross-Motion
for Summary Judgment on November 3, 2017 [DE 71].

The undersigned’s

recommendations turned on questions of law and matters contained in the public record,
and therefore discovery would not have altered the undersigned’s recommendations. For
this reason, it is hereby
ORDERED AND ADJUDGED that Plaintiff’s Motion for Discovery [DE 75] is
DENIED.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 15th day of
November 2017.

Copies furnished counsel via CM/ECF
and to:
Corey Davis
42898-053
Federal Correctional Institute McKean
Inmate Mail/Parcels
PO Box 8000
Bradford PA 16701

2