Acosta et al v. Tyson Foods

Filing 112

ORDER granting the Plaintiff's 108 Motion to Extend Time to Respond to Defendant's Discovery Requests. On or before July 6, 2012, the plaintiffs shall serve their responses to the defendant's discovery requests. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MANUEL ACOSTA, et al.,
Plaintiffs,
vs.
TYSON FOODS, INC.,
Defendant.

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8:08CV86

ORDER

This matter is before the court on the plaintiffs’ Motion for Short Extension of Time
to Respond to Defendant’s Discovery Requests (Filing No. 108). The plaintiffs state at twoweek extension of time, from June 22, 2012, to July 6, 2012, is necessary to allow the
single Spanish speaking attorney in the office to prepare responses for Spanish speaking
plaintiffs, who represent the majority of the 56 designated plaintiffs. The plaintiffs report
the defendant opposes the extension of time. The parties had a deposition deadline of
June 22, 2012. See Filing No. 106. The deadline for the parties to file motions to compel
is also June 22, 2012. Id. After the plaintiffs filed their motion, the defendant filed a motion
to compel (Filing No. 109) related, in part, to the unanswered requests referenced by the
plaintiffs.
Lead counsel assumed responsibility in this case knowing the majority of their
clients were Spanish speakers. Under these circumstances, counsel’s failure to engage
the services of sufficient certified interpreters and/or translators is disturbing and reflects
on counsel’s ability to prosecute the plaintiffs’ claims. Nevertheless, the court finds good
cause exists to extend the deadline for two weeks. Upon consideration,
IT IS ORDERED:
The plaintiffs’ Motion for Short Extension of Time to Respond to Defendant’s
Discovery Requests (Filing No. 108) is granted. On or before July 6, 2012, the plaintiffs
shall serve their responses to the defendant’s discovery requests.
Dated this 28th day of June, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge