Crumpley v. Associated Wholesale Grocers, Inc. et al
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED BY THE COURT that Plaintiff's Motion to Amend Scheduling Order and for Sanctions 141 is granted in part, denied in part, and deferred in part. It is granted as to amend the scheduling order; denie d as to the special master; and deferred as to request for sanctions. Discovery deadline 9/29/2017. Dispositive motion deadline 10/29/2017. Proposed Pretrial Order due by 10/3/2017. Jury Trial set for 7/10/2018 at 09:00 AM in KC Courtr oom (Unknown) before District Judge Daniel D. Crabtree. Pretrial Conference set for 10/10/2017 at 01:15 PM in Telephone GLR - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 8533057 before Magistrate Judge Gerald L. Rushfelt. Signed by Magistrate Judge Gerald L. Rushfelt on 8/24/2017. (hl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
Case No. 16-2298-DDC-GLR
ASSOCIATED WHOLESALE GROCERS,
INC., et al.,
MEMORANDUM AND ORDER
The matter before the Court is Plaintiff’s Motion to Amend Scheduling Order and for
Sanctions (ECF 141). For the reasons below, the Court grants in part, denies in part, and defers
in part Plaintiff’s motion.
I. Amending the Scheduling Order
The parties agree that an amendment to the Scheduling Order (ECF 47), as modified by
the Court (ECF 118, 157), is warranted. In particular, the parties wish to extend the discovery
deadline, and thus the deadlines for dispositive motions and motions challenging the
admissibility of expert witnesses. With respect to discovery, the parties agree discovery should
be extended, but they disagree as to how long and the scope of discovery. Plaintiff wants three
months of unlimited discovery. Defendants do not proffer a time period, but request the
discovery period have limits. The parties filed supplemental briefs, outlining what discovery
remains outstanding (ECF 159, 160, 161). After review, and for good cause, the Court enters the
following amended schedule:
Discovery Deadline: September 29, 2017
Dispositive Motions: October 29, 2017
Motions Challenging Admissibility of Expert Testimony: October 29, 2017
Proposed Pretrial Order: October 3, 2017
Final Pretrial Conference: October 10, 2017 at 1:15 p.m.
Jury Trial (5-6 days): July 10, 2018 at 9:00 a.m.
In addition to this schedule, the Court also imposes the following limitations on
depositions. Because the parties agree that Erin Neuberger may be deposed, the Court authorizes
her deposition, subject to the limitations agreed to by the parties in the Scheduling Order (ECF
30)—no more than 7 hours for each party. The parties disagree as to the deposition of Jerry
Burke, who has already been deposed on two occasions for a total of 11 hours. Plaintiff requests
that he be allowed to depose Mr. Burke for an additional 11 hours—4 in his capacity as a Rule
30(b)(6) witness and 7 in his capacity as an individual witness. Plaintiff argues that Associated
Wholesale Grocer (“AWG”)’s defense counsel repeatedly and improperly objected, eating up a
significant portion of the 11 hours already taken. AWG disagrees, argues that Plaintiff is equally
culpable, and points out that, even accounting for objection time, Plaintiff has already deposed
Mr. Burke for approximately 7 hours. AWG suggests Plaintiff’s deposition of Mr. Burke be
limited to 2 hours. Defendant Clarence M. Kelley and Associates (“CMKA”) only request that it
be allowed to depose Mr. Burke for 2 hours, which AWG does not oppose. The Court finds as
follows. Plaintiff may depose Mr. Burke for a total of 4 hours and is free to allocate those four
hours of testimony however he wishes—i.e. individual capacity or Rule 30(b)(6) capacity.
Defendant CMKA may depose Mr. Burke for a total of 3 hours.
Finally, with regard to the depositions, the parties are reminded of the rules for objections
as set forth in Fed. R. Civ. P. 30(c) and Cincinnati Ins. Co. v. Serrano, No. 11-2075-JAR, 2012
WL 28071 (D. Kan. Jan. 5, 2012).
II. Special Master
Plaintiff asks the Court to appoint a special master to supervise the remaining discovery
in this case. Defendants oppose this request. The appointment of a special master is governed
by Federal Rule of Civil Procedure 53. It states, in relevant part: “a court may appoint a master
only to: (C) address pretrial and posttrial matters that cannot be effectively and timely addressed
by an available district judge or magistrate judge of the district.”1 The decision to appoint a
special master lies within the discretion of the Court.2 The Court declines to appoint a special
master in this case. Discovery is or should be almost complete. The Court should be able to
address whatever remaining pretrial matters require its attention
Plaintiff also moves for sanctions for discovery violations, pursuant to Fed. R. Civ. P. 26
and 37. Given the extension of the discovery period, the outstanding discovery issues identified
by the parties, and the pending motions to compel (122, 155), the Court defers ruling on the
sanctions portion of Plaintiff’s motion until after discovery has closed.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff’s Motion to Amend
Scheduling Order and for Sanctions (ECF 141) is granted in part, denied in part, and deferred in
part. It is granted as to amend the scheduling order; denied as to the special master; and deferred
as to request for sanctions.
Dated August 24, 2017, at Kansas City, Kansas.
S/ Gerald L. Rushfelt
Gerald L. Rushfelt
U.S. Magistrate Judge
Fed. R. Civ. P. 53(a)(1)(C).
Bradshaw v. Thompson, 454 F.2d 75, 80 (6th Cir. 1972).
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