Gulf Restoration Network v. City of Hattiesburg

Filing 179

ORDER denying 174 Motion to Compel Signed by District Judge Keith Starrett on 7/26/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
HATTIESBURG DIVISION
GULF RESTORATION NETWORK
v.

PLAINTIFF
CIVIL ACTION NO. 2:12-CV-36-KS-JCG

CITY OF HATTIESBURG

DEFENDANT
ORDER

On July 21, 2017, Defendant filed a Motion to Compel [174]. Local Rule 7
provides: “A party must file a discovery motion sufficiently in advance of the discovery
deadline to allow response to the motion, ruling by the court and time to effectuate the
court’s order before the discovery deadline.” L.U.Civ.R. 7(b)(2)(C). The pre-hearing
discovery deadline is July 31, 2017.
The Court set an expedited briefing schedule on Defendant’s motion so that it
could ascertain whether the parties’ dispute could be resolved prior to the discovery
deadline. After considering the briefs, the Court concludes that there is insufficient
time for the Court to address the motion and for its order to be effectuated before the
discovery deadline. Therefore, the Court denies Defendant’s Motion to Compel [174].
Regardless, if either party attempts to introduce evidence at the hearing that
was not properly disclosed, the opposing party is free to object. Upon a timely and
meritorious objection, the Court will apply the four-factored test it applies to all such
discovery disputes. See Geiserman v. MacDonald, 893 F.2d 787, 791 (5th Cir. 1990).
Therefore, the Court advises all parties and counsel to make the required disclosures
posthaste.

SO ORDERED AND ADJUDGED this __26th___ day of

July

, 2017.

s/Keith Starrett
UNITED STATES DISTRICT JUDGE

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