AGSouth Genetics, LLC et al v. Farmers Best Fertilizers, Inc. et al

Filing 35

ORDER granting 31 Motion for Extension of Time to Complete Discovery; denies with the right to refile 31 Motion for Attorney Fees. Motions to amend due by September 20, 2016; expert witness by Plaintiff due by October 17, 2016; expert witness by Defendant due by November 16, 2016; Close of Discovery December 16, 2016; and last day for motions January 6, 2017. Signed by Magistrate Judge Brian K. Epps on 8/18/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
PLANTATION SEED CONDITIONERS,
INC., et al.,

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Plaintiffs,
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v.
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FARMERS BEST FERTILIZER, INC., et al., )
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Defendants.
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)
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Plaintiffs,
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v.
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FARMERS BEST FERTILIZER, INC., et al., )
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Defendants.
)

CV 314-138

AGSOUTH GENETICS, LLC, et al.,

CV 314-124

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ORDER
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Before the Court are two discovery motions by Plaintiffs outlining a bevy of
discovery mistakes, omissions, and delays by Defendants. (CV 314-124, doc. no. 31; CV
314-138, doc. no. 32.) While the time line of these events is long and disappointing, a
significant mitigating factor is the January 2016 cancer diagnosis of Defendant Daniel R.
Cooke and the ensuing treatment through May that thankfully resulted in his healing and a
good prognosis. The Court wishes Mr. Cook well in his recovery and return to work.

In the present motions, Plaintiffs seek (1) extension of discovery for 120 days; (2) an
order declaring that subpoenas issued by Plaintiffs for depositions on July 21, 2016, which
had to be cancelled due to the discovery problems, are valid and enforceable for future,
unspecified deposition dates; and (3) an award of fees and costs allegedly incurred by
Plaintiffs as a result of Defendants’ discovery problems, including fees and costs incurred to
file the present motions and to prepare for the cancelled depositions.
Today, the Court conducted a phone conference concerning these motions. Counsel
informed the Court of their resolution of all outstanding issues except Plaintiffs’ request for
fees and costs, which the parties are still discussing.
Pursuant to the agreement of counsel and for good cause shown, the Court GRANTS
Plaintiffs’ request to extend the discovery deadlines as follows:
LAST DAY FOR FILING MOTIONS TO
AMEND OR ADD PARTIES

September 20, 2016

LAST DAY TO FURNISH EXPERT WITNESS
REPORT BY PLAINTIFF

October 17, 2016

LAST DAY TO FURNISH EXPERT WITNESS
REPORT BY DEFENDANT

November 16, 2016

CLOSE OF DISCOVERY

December 16, 2016

LAST DAY FOR FILING CIVIL MOTIONS
INCLUDING DAUBERT MOTIONS, but
EXCLUDING MOTIONS IN LIMINE

January 16, 2017

The Court DENIES WITH THE RIGHT TO REFILE Plaintiffs’ request for attorney’s
fees and costs. Counsel must notify the Court whether they have resolved Plaintiffs’ request
on or before August 25, 2016, by e-mail to [e-mail]. In the event
of no resolution, Plaintiffs shall refile its motion for fees and costs on or before September 8,
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2016, making sure to include information by affidavit and billing exhibits sufficient for the
Court to determine causation and reasonableness of the amount sought. Defendants may file
a response brief on or before September 22, 2016.
SO ORDERED this 18th day of August, 2016, at Augusta, Georgia.

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