Cerco Bridge Loans 6 LLC v. Schenker et al

Filing 139

ORDER granting in part and denying in part 129 Motion for Local Rule 37.2 Conference; granting in part and denying in part 129 Motion for Extension of Time. On August 23, 2024, Plaintiff seek (1) a case management conference and (2) a two -week extension of fact discovery. See ECF No. 129. On August 28, 2024, Defendants Gregg Schenker and Steven Hornstock's (collectively "Defendants") filed a letter in opposition. See ECF No. 137. For the reasons discussed below, the Court GRANTS in part Plaintiff's request. Under the Federal Rules of Civil Procedure, "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the... the importance of discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit." Fed. R. Civ. P. 26(b)(1). And "district courts have the inhe rent authority to manage their dockets and courtrooms with a view toward the efficient and expedient resolution of cases." Dietz v. Bouldin, 579 U.S. 40, 47 (2016). Indeed, "[a] trial court enjoys wide discretion in its handling of pre-tr ial discovery." Cruden v. Bank of N.Y., 957 F.2d 961, 972 (2d Cir. 1992); see In Re Agent Orange Prod. Liab. Litig., 517 F.3d 76, 103 (2d Cir. 2008) (stating that the district court has "wide latitude to determine the scope of discovery. "). The Court DENIES Plaintiff's request for a case management conference and GRANTS the request to extend fact discovery for the sole purpose of completing the third-party depositions. While the Court warned the parties that "fur ther extensions of time will not be granted absent a showing of compelling circumstances and diligence in taking discovery." ECF No. 97. On the record before the Court, the Court finds that Plaintiff has established good cause for the short extension for the sole purpose of accommodating non-parties' schedules. Accordingly, fact discovery is extended by two weeks for the sole purpose of deposing unavailable third-party witnesses. The Clerk of Court is respectfully directed to close ECF No. 129. SO ORDERED.. (Signed by Judge Dale E. Ho on 8/30/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CERCO BRIDGE LOANS 6 LLC,
Plaintiff,
23 Civ. 11093 (DEH)

v.

ORDER

GREGG SCHENKER, et al.,
Defendants.

DALE E. HO, United States District Judge:
On August 23, 2024, Plaintiff seek (1) a case management conference and (2) a two-week
extension of fact discovery. See ECF No. 129. On August 28, 2024, Defendants Gregg
Schenker and Steven Hornstock’s (collectively “Defendants”) filed a letter in opposition. See
ECF No. 137. For the reasons discussed below, the Court GRANTS in part Plaintiff’s request.
Under the Federal Rules of Civil Procedure, “[p]arties may obtain discovery regarding
any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the
needs of the case, considering the . . . the importance of discovery in resolving the issues, and
whether the burden or expense of the proposed discovery outweighs its likely benefit.” Fed. R.
Civ. P. 26(b)(1). And “district courts have the inherent authority to manage their dockets and
courtrooms with a view toward the efficient and expedient resolution of cases.” Dietz v. Bouldin,
579 U.S. 40, 47 (2016). Indeed, “[a] trial court enjoys wide discretion in its handling of pre-trial
discovery.” Cruden v. Bank of N.Y., 957 F.2d 961, 972 (2d Cir. 1992); see In Re Agent Orange
Prod. Liab. Litig., 517 F.3d 76, 103 (2d Cir. 2008) (stating that the district court has “wide
latitude to determine the scope of discovery.”).
The Court DENIES Plaintiff’s request for a case management conference and GRANTS
the request to extend fact discovery for the sole purpose of completing the third-party

depositions. While the Court warned the parties that “further extensions of time will not be
granted absent a showing of compelling circumstances and diligence in taking discovery.” ECF
No. 97. On the record before the Court, the Court finds that Plaintiff has established good cause
for the short extension for the sole purpose of accommodating non-parties’ schedules.
Accordingly, fact discovery is extended by two weeks for the sole purpose of deposing
unavailable third-party witnesses.
The Clerk of Court is respectfully directed to close ECF No. 129.
SO ORDERED.
Dated: August 30, 2024
New York, New York

DALE E. HO
United States District Judge

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