Clark et al v. River Metals Recycling, LLC, et al

Filing 219

MEMORANDUM AND ORDER, re: plaintiffs' appeal of Magistrate Judge Daly's order regarding numerous discovery issues. Signed by Judge J. Phil Gilbert on 3/23/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICHARD A. CLARK and JENNIFER
CLARK,
Plaintiffs,
Case No. 3:15-cv-00447-JPG-RJD
v.
RIVER METALS RECYCLING, LLC and
SIERRA INTERNATIONAL MACHINERY,
LLC,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the plaintiffs’ appeal of Magistrate Judge Daly’s
order regarding numerous discovery issues. (Docs. 216, 217.) Defendant Sierra International
Machinery, LLC has responded. (Doc. 218.) The Court GRANTS in part the plaintiffs’ appeal
and RE-OPENS discovery in this case on a limited basis for 45 days, until May 7, 2018. The
plaintiffs shall be limited to five (5) depositions within this 45 day period.
There are two pending motions for summary judgment in this case: defendant River
Metals Recycling, LLC’s motion (Doc. 98) and defendant Sierra International Machinery, LLC’s
motion (Doc. 145). The plaintiffs’ response to the latter motion is currently due by April 16,
2018. Because of the discovery extension, the Court will also EXTEND the plaintiffs’ response
deadline to May 25, 2018. If Sierra International Machinery, LLC believes that they need to refile their motion for summary judgment following the additional discovery period, then they
should petition the Court to do so. The Court RESERVES ruling on River Metals Recycling,
LLC’s motion for summary judgment and will address both motions for summary judgment in
one order.
IT IS SO ORDERED.
DATED: MARCH 23, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE