Kane v. Lewis et al

Filing 50

ORDER granting 47 Motion of Plaintiff for Leave to Conduct Additional Discovery. Signed by Magistrate Judge James K. Bredar on 10/26/09. (mcb, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF 101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201 [phone] OFFICE [phone] FAX [e-mail]

JAMES K. BREDAR
UNITED STATES MAGISTRATE JUDGE

October 26, 2009

Terrell N. Roberts III, Esquire Roberts and Wood 6801 Kenilworth Avenue, Suite 202 Riverdale, Maryland 20737 Subject: Andrew Kane v. Brian Lewis et al. Civil Case No. BEL-08-1157 Dear Counsel:

Daniel Karp, Esquire Karpinski, Colaresi and Karp, PA 120 East Baltimore Street, Suite 1850 Baltimore, Maryland 21202

This matter has been previously referred to me for resolution of discovery matters. Pending is Plaintiff's Motion for Leave to Conduct Additional Discovery. (Paper No. 47.) The issues have been briefed (Paper No. 49) and no hearing is necessary. Loc. R. 105.6. The motion is GRANTED. The undersigned has already addressed the relevance and propriety of discovery of the records of John Zweig, Ph.D., and concluded that Plaintiff is entitled to discovery of them. (Paper No. 44.) Dr. Zweig has advised Plaintiff's counsel that he made no records of his conversations with former Officer Brian Lewis and Officers John Lewis, Shorter, and Lowe. (Paper No. 47 at 3.) Consequently, Plaintiff has sought to depose Dr. Zweig. (Id.) Defendants have objected on the ground that Plaintiff needs the Court's leave to depose Dr. Zweig since it is now beyond the discovery deadline set by the presiding judge. (Id. at 4.) They contend that Plaintiff has failed to meet the standard of "excusable neglect" for failing to depose Dr. Zweig sooner. The Court is well acquainted with the process over the past six months through which Plaintiff has labored to get to the point of seeking Dr. Zweig's deposition. Plaintiff has not neglected to pursue discovery, in the Court's view. Given the obstacles to discovery of Dr. Zweig's information, the Court concludes that the interests of justice are served by granting Plaintiff leave to depose Dr. Zweig. Plaintiff's Motion (Paper No. 47) is GRANTED.

Letter Order to Counsel ­ Kane v. Lewis Page 2 October 26, 2009

Despite the informal nature of this letter, it should be flagged as an Opinion and Order and docketed accordingly. Very truly yours, /s/ James K. Bredar United States Magistrate Judge JKB/cw cc: The Honorable Benson E. Legg Chambers File Court File