McCoy v. Newmuis et al

Filing 66

MEMORANDUM AND ORDER Granting 62 Motion for Reconsideration, filed by Amateur Athletic Union of the United States, Inc.; Setting schedule. Signed by Judge Marvin J. Garbis on 7/25/14 (cags, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
LANCE MCCOY

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Plaintiff
vs.

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AMATEUR ATHLETIC UNION
OF THE UNITED STATES, INC.

CIVIL ACTION NO. MJG-13-3744

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Defendant
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MEMORANDUM AND ORDER RE: RECONSIDERATION
The Court has before it Defendant's Motion for
Reconsideration [of the Order of May 16, 2014] [Document 62],
and the materials submitted relating thereto.

The Court finds

no need for a hearing on the motion.
The Initial Scheduling Order [Document 59] provided:
1.

The parties shall engage in initial discovery relating
to Plaintiff's claim that Defendant Amateur Athletic
Union of the United States, Inc. is liable for the
alleged tortious conduct committed by Bryant Newmuis.

2.

The limited discovery shall be completed by June 6,
2014.

3.

Any summary judgment relating to the said claim shall
be filed by June 20, 2014.

4.

If appropriate in light of the resolution of any
summary judgment motion, a further Scheduling Order
permitting general discovery shall be issued.

By Motion filed May 15, 2014 [Document 60], Plaintiff – who
apparently had not even commenced discovery from Defendant by

that date – represented that Defendant had agreed to an
extension of discovery for 60 days.
misrepresentation.

This was a

Defendant's counsel had, in fact, agreed

only to extend the time for Plaintiff to provide complete
discovery responses.

On May 16, 2014, the Court, relying upon

Plaintiff's misrepresentation, granted the Motion and issued an
Order extending the discovery deadline to July 16, 2014.
[Document 61].
Upon review of the instant Motion, the Court issued its
Memorandum and Order of May 27, 2014, [Document 63], rescinding
its Order of May 16, 2014.

The Court stated in the Memorandum

and Order:
1.

Plaintiff shall, by June 4, 2014, provide
complete written discovery responses – including
fully executed and signed answers to
interrogatories and document request responses.

2.

Plaintiff shall respond to the instant motion by
June 10, 2014.

3.

The summary judgment deadline in the Initial
Scheduling Order shall be extended to a date to
be set by further Order.

Presumably, Plaintiff has met the June 4, 2014 deadline.
In response to the instant Motion, Plaintiff presents no reason
why Plaintiff failed to proceed with discovery pursuant to the
Initial Scheduling Order.

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Under the circumstances, the Court will not extend the
discovery deadline.
Accordingly:
1.

Defendant's Motion for Reconsideration [of the Order
of May 16, 2014], [Document 62], is GRANTED.

2.

The discovery deadline set in the Initial Scheduling
Order [Document 59] remains in effect.

3.

The deadline for filing summary judgment motions is
extended to August 29, 2014.
a.

b.

1

Plaintiff may, upon receipt of any summary
judgment motion from Defendant, by September 8,
2014,1 file a request that Defendant provide
specified documents.2
Should Defendant not provide these specific
documents,3 by September 22, 2014, Plaintiff may
include in his response to the Defendant's
summary judgment motion an affidavit pursuant
Rule 56(d) of the Federal Rules of Civil
Procedure based upon his not having been provided
these specific documents.4

This is a firm deadline.
This does not authorize "discovery requests" but, rather,
permits requests for specific documents that are directly
relevant to contentions presented by Defendant in the summary
judgment motion. There should be no misunderstanding, the
discovery "fishing season" has not been reopened.
3
Defendant is not, by this Order, required to comply with
any request that may be made by Plaintiff.
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The Court will consider, in due course, whether any refusal
to comply with a request is warranted by virtue of a lack of
specificity, an absence of relevance or other appropriate basis.
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c.

Responses to any summary judgment motions shall
be filed by October 22, 2014.

d.

Any replies shall be filed by November 6, 2014.

SO ORDERED, on Friday, July 25, 2014.

/s/__________
Marvin J. Garbis
United States District Judge

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