Cooper et al v. Meritor, Inc. et al

Filing 448

ORDER denying (402) Motion to Compel in case 4:16-cv-00052-DMB-JMV. If the trial court continues the trial date, the instant motion, as revised to reflect any appropriate changes given case developments, may be re-urged in accordance with any revised deadlines as the court may thereafter impose. Signed by Magistrate Judge Jane M. Virden on 12/5/17. Associated Cases: 4:16-cv-00052-DMB-JMV, 4:16-cv-00053-DMB-JMV, 4:16-cv-00054-DMB-JMV, 4:16-cv-00055-DMB-JMV, 4:16-cv-00056-DMB-JMV (bfg)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
BRENDA J. COOPER, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-52-DMB-JMV
DEFENDANTS
- Consolidated With –

JOE E. SLEDGE, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-53-DMB-JMV
DEFENDANTS

- and KATHERINE LONGSTREET COOKE, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-54-DMB-JMV
DEFENDANTS

- and SRA INVESTMENTS, LLC, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-55-DMB-JMV
DEFENDANTS

- and FELICIA WILLIS, ET AL.
PLAINTIFFS
versus
Civil Action No. 4:16-cv-56-DMB-JMV
MERITOR, INC., ET AL.
DEFENDANTS
______________________________________________________________________________
ORDER ON MOTION TO COMPEL DOCUMENTS
______________________________________________________________________________
This matter is before the court on the motion of the plaintiffs to compel production of
certain documents more commonly referred to as the “T & M documents.” For the reasons given
below, the motion will be DENIED, with the right to re-urge if the trial is continued.
Local Uniform Civil Rule 7(b)(2)(C) requires that a party file a discovery motion
sufficiently in advance of a discovery deadline to allow time for a response to the motion, to give
the court time to rule on the motion, and to provide time for the court’s order to be effectuated.

The discovery deadline in this case expired November 29, 2017, the dispositive motion
deadline is January 8, 2018, and the trial of the case is set for June 4, 2018. The instant motion was
not filed until November 13, 2017, and it was not even ripe for consideration—much less capable
of effectuation—until after the close of discovery.
Because the motion to compel is untimely and the case, as it stands, has a fast-approaching
dispositive motion deadline and trial date, the motion is DENIED.
Finally, if the trial court continues the trial date, the instant motion, as revised to reflect
any appropriate changes given case developments, may be re-urged in accordance with any revised
deadlines as the court may thereafter impose.
SO ORDERED this, Tuesday, December 05, 2017.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE