Universal Dynamics, Inc. v. H-P Products, Inc. et al

Filing 96

ORDER granting 93 Motion to Compel. UniversalDynamics, Inc. shall produce all responsive documents no later than November 18, 2009. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N I V E R S A L DYNAMICS, INC., P l a i n t i f f, vs. H -P PRODUCTS, INC. and DAN G A Y L O R D d/b/a INDEPENDENCE P O R C E L A I N ENAMEL, D e f e n d a n t s. ) ) ) ) ) ) ) ) ) ) )

8 :0 8 C V 3 9 1 ORDER

T h is matter is before the court on the motion of defendant, H-P Products, Inc. ("H-P"), to compel discovery or, in the alternative, for an enlargement of time. Counsel for H-P has c o m p lie d with the requirements of NECivR 7.0.1(i) and Fed. R. Civ. P. 37(a)(1). Plaintiff (" U n iv e rs a l" ) objects. The Amended Final Progression Order (Doc. 67) filed on July 28, 2009 set the d ep o sition deadline for October 30, 2009 and further required that all other discovery re q u e st s be served "sufficiently early to allow rule time response before the deposition d e a d lin e ." On September 30, 2009, H-P served requests for production of documents on U n iv e rs a l. The decision to serve these requests was prompted by Universal's service of re la te d requests for admissions five days earlier. Universal did not respond to H-P's d o c u m e n t requests until November 2, 2009, the very last date upon which a timely response c o u ld be filed under Fed. R. Civ. P. 34(b)(2) and 6(d).

U n iv e rs a l raised no substantive objections to H-P's document requests, but objected to all of the requests as untimely because H-P's service of the requests on September 30, 2009 w a s not sufficiently early to allow rule time response before October 30, 2009. H-P filed its m o tio n to compel on November 4, 2009. Universal argues that the motion should be denied b e c au s e it was filed after the October 30, 2009 deadline set in paragraph 2.c of the Amended F in a l Progression Order. While Universal must be commended for its mastery and manipulation of the calendar, th e court finds that H-P should be excused from strict compliance with the October 30 p ro g re ss io n order deadline in this instance. Universal's position is not reasonable under the c irc u m s ta n c es , and H-P has shown good cause for serving these document requests three d a ys late. Universal raised no substantive objections to H-P's requests, and its time to do so h a s expired. IT IS ORDERED that the motion of defendant, H-P Products, Inc. to compel d is c o v e ry or, in the alternative, for an enlargement of time (Doc. 93) is granted. Universal D yn a m ic s, Inc. shall produce all responsive documents no later than November 18, 2009. D A T E D November 13, 2009. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

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