USA Trouser, S.A. de C.V. v. International Legwear Group, Inc. et al

Filing 38

ORDER granting 36 Motion for Leave to Take the Deposition of Russell Reighley After the Deadline for the Completion of Fact Discovery; denying 33 Motion for Extension of the discovery period. (see Order for further details) Signed by Magistrate Judge Dennis Howell on 7/19/12. (ejb)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11cv244 USA TROUSER, S.A. de C.V., Plaintiff, v. INTERNATIONAL LEGWEAR GROUP, INC., et al., Defendant. ___________________________________ ) ) ) ) ) ) ) ) ) ) ) ORDER Pending before the Court are Plaintiff’s Motion for Extension of Time to Complete Discovery [# 33] and Defendants’ Motion for Leave to Take the Deposition of Russell Reighley After the Deadline for the Completion of Fact Discovery [# 36]. As a threshold matter, the Court GRANTS the Defendants’ motion [# 36] for good cause shown. The Court GRANTS the parties leave to take the deposition of Mr. Reighley after the close of discovery, provided the deposition occurs at lest ten (10) days prior to the deadline for filing summary judgment motions. Plaintiff requests an extension of the discovery period, which is scheduled to close August 1, 2012, until February 1, 2013. Trial in this matter is currently set for January 14, 2013. Plaintiff has had ample time to conduct discovery in this -1- matter. Although the discovery deadline is fast approaching, the problems encountered by Plaintiff in completing discovery are largely a result of counsel’s delay in filing appropriate motions to compel. The discovery responses that are the subject of the motion were served on December 23, 2011, yet Counsel waited until May 5, 2012, to file a motion to compel. Because Plaintiff neglected to include a separate brief in support of his motion, the Court denied the motion without prejudice for failure to comply with the Local Rules. (Order, Jun. 11, 2012.) Rather than immediately file a brief supporting its motion, Plaintiff waited over a month to file its Second Motion to Compel [# 34]. The Court will not grant Plaintiff a five month extension of the discovery period in a situation where Plaintiff has not been diligent in pursing discovery in this case. Accordingly, the Court DENIES the Plaintiff’s motion [# 33]. This does not mean, however, that Defendants may simply wait out the discovery period and hope they will never have to respond to Plaintiff’s discovery requests. If the Court grants Plaintiff’s Motion to Compel, the Court will order the Defendants to respond to the discovery requests, regardless of whether the discovery deadline has expired. Finally, the Court DIRECTS the parties that if Defendants fail to respond to the Motion to Compel [# 34] by July 30, 2012, the Court will consider Defendants to have no opposition to the motion and to consent -2- to the relief requested in the motion. Signed: July 19, 2012 -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?