Shanti Wines, LLC et al v. Shanti Elixirs, L.L.C. et al

Filing 28

ORDER denying as moot 24 Motion for Extension of Time; denying 26 Motion to Compel; granting 25 Motion to Continue and the discovery, mediation and dispositive motion deadlines are extended. (Discovery due by 3/4/2024., Mediation deadline set for 3/18/2024., Motions due by 4/1/2024.). Signed by Chief Judge Martin Reidinger on 2/5/2024. (hms)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:22-cv-00262-MR

SHANTI WINES, LLC and
RAJIV SHARMA,
Plaintiffs,
vs.

SHANTI ELIXIRS, LLC and
SHANTI VOLPE,
Defendants.

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ORDER

THIS MATTER is before the Court on the Plaintiffs’ Motion to Extend
Time for Plaintiffs to Depose Shanti Volpe and Shanti Elixirs, LLC [Doc. 24];
the Defendants’ Motion to Continue Discovery, Mediation and Dispositive
Motion Dates [Doc. 25]; and the Defendants’ Motion to Compel [Doc. 26].
Extension of Time [Doc. 7].
This matter is currently set for trial during the September 3, 2024 mixed
trial term. A Pretrial Order and Case Management Plan entered in May 2023
set a discovery deadline of February 1, 2024, a mediation deadline of
February 15, 2024, and a dispositive motions deadline of March 1, 2024.
[Doc. 18].

On January 30, the Plaintiffs filed their present motion, seeking an
extension of time, until February 12, 2024, to depose the Defendants. [Doc.
24].

On February 1, 2024, the Defendants filed a motion seeking an

extension of the discovery, mediation, and dispositive motions deadline of
thirty (30) days. [Doc. 25]. Upon review of the parties’ motions, and for
cause shown, the Court will grant a 30-day extension of the discovery,
mediation, and dispositive motions deadline.

Absent a showing of

extraordinary circumstances, further extensions of these deadlines will not
be permitted. Further, the trial date of this matter will remain unaffected by
these extensions.
The Defendants also move the Court to compel the Plaintiffs to provide
more complete initial disclosures as well as responses to discovery
previously propounded.

[Doc. 26].

The Defendants, however, offer no

explanation as to why they waited until the last day of the discovery period
to file such a motion regarding initial disclosures that were made in May
2023. [See Doc. 26-1]. Further, they do not submit copies of the discovery
requests propounded to the Plaintiffs or identify when such requests were
propounded. Finally, and most significantly, the Defendants fail to indicate
that they conferred or attempted to confer in good faith with opposing counsel

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prior to filing the motion. See LCvR 7.1(b). For all of these reasons, the
Court denies the Defendants’ Motion to Compel.
IT IS, THEREFORE, ORDERED that:
(1)

The Plaintiffs’ Motion to Extend Time for Plaintiffs to Depose

Shanti Volpe and Shanti Elixirs, LLC [Doc. 24] is DENIED AS MOOT;
(2)

The Defendants’ Motion to Continue Discovery, Mediation and

Dispositive Motion Dates [Doc. 25] is GRANTED, and the discovery,
mediation and dispositive motion deadlines are extended as follows:

(3)

Discovery

March 4, 2024

Mediation

March 18, 2024

Dispositive Motions

April 1, 2024

The Defendants’ Motion to Compel [Doc. 26] is DENIED.

IT IS SO ORDERED.

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