SCOVIL et al v. FEDEX GROUND PACKAGE SYSTEM INC

Filing 171

ORDER ON DEFENDANT'S MOTION FOR LEAVE TO SERVE A QUESTIONNAIRE ON CLASS MEMBERS - denying 154 Motion for Leave to Serve a Questionnaire on Class Members. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WAYNE SCOVIL,

ET AL.,

PLAINTIFFS
v.
FEDEX GROUND PACKAGE
SYSTEM, INC. d/b/a FedEx
Home Delivery,
DEFENDANT

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NO. 1:10-CV-515-DBH

ORDER ON DEFENDANT’S MOTION FOR LEAVE TO SERVE
A QUESTIONNAIRE ON CLASS MEMBERS
The defendants’ motion for leave to serve a questionnaire on class
members is DENIED. In February, 2012, the Magistrate Judge, with the parties’
input, established a deadline of June 29, 2012, for “[c]ompletion of all fact
discovery on the issue of liability,” a deadline of April 16, 2012, to complete the
depositions of opt-in plaintiffs that had been started but not completed, and a
deadline of October 1, 2012 (or 60 days after the ruling on class certification
whichever was later), for expert and damages discovery. Report of Tele. Conf. &
Scheduling Order (ECF No. 92). On April 13, she extended the deadline for
opt-in plaintiffs’ depositions to April 19, without changing the other deadlines.
Report of Tele. Conf. (ECF No. 104). On September 10, 2012, she established
October 12, 2012, as the ultimate liability discovery deadline, meaning the
expert liability discovery (that and damages discovery were the only discovery
issues addressed in the parties’ submissions (ECF Nos. 139, 141)), i.e., 60 days

after my class certification Order of August 13, 2012.

Report of Tele. Conf.

(ECF No. 146). Thus, never did she extend the deadline for fact (non-expert)
discovery on liability beyond June 29, 2012. The defendants’ current motion,
filed on September 14, 2012, is too far out of time to be permitted. The parties
now are preparing for summary judgment and/or trial. This is not the time to
reopen fact discovery.
SO ORDERED.
DATED THIS 23RD DAY OF OCTOBER, 2012
/s/D. Brock Hornby
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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