Austin v. Rexon Industrial Corp. et al
Filing
27
ORDER denying 25 Motion Extend Expert Discovery. Signed by Magistrate Judge Dennis Howell on 4/1/2015. (nv)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14cv66
MICHAEL STEVEN AUSTIN,
)
)
Plaintiff,
)
)
v.
)
)
)
REXON INDUSTRIAL CORP. and
)
POWER TOOLS SPECIALISTS, INC., )
)
Defendants.
)
___________________________________ )
ORDER
Pending before the Court is the Joint Motion to Extend Expert Discovery
[# 25] and Defendants’ Supplemental Memorandum [# 26]. Plaintiff had until
October 31, 2014, to provide Defendants with their expert reports. (Order, Sept.
19, 2014.) Defendants had until December 5, 2014, to provide Plaintiff with their
expert reports. (Id.) Discovery in this case closed on March 1, 2015. (Order, May
8, 2014.) Dispositive motions are due April 1, 2015. (Id.) Trial is set for August
31, 2015. (Id.)
The parties now jointly move to extend the expert discovery deadline as well
as the dispositive motion deadline. Without consulting the Court, the parties
decided to stay further discovery in this case while they discussed settlement.
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Apparently, these settlement discussions ended without the resolution of the case,
and the parties now move to extend the discovery and motion deadline. Upon a
review of the record and the parties’ motion. The Court DENIES the motion
[# 25].
As a threshold matter, discovery in this case closed more than three weeks
prior to the parties even filing the joint motion seeking an extension. The time has
passed for seeking extensions of the discovery deadline, including expert
discovery. Discovery in this case is closed, and the parties have not provided this
Court with sufficient grounds to reopen discovery. The parties had ample time to
complete discovery during the Court’s discovery period. Moreover, an extension
of the dispositive motion deadline until May 15, 2015, would not provide the
District Court sufficient time to rule on any motions for summary judgment prior
to trial. The Court, however, will provide the parties a brief extension until April
6, 2015, to file any dispositive motions.
Signed: April 1, 2015
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