Aircraft Fueling Systems, Inc. v. Southwest Airlines, Co.

Filing 275

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 221 Motion to Compel; denying 222 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (jcm, Dpty Clk)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
Aircraft Fueling Systems, Inc. ,
PLAINTIFFS,
vs.
Southwest Airlines, Co. ,
DEFENDANTS.

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CASE NO. 08-CV-414-GKF-FHM

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OPINION AND ORDER
Plaintiff’s Expedited Motion to Compel [Dkt.221] and Supplement to Expedited
Motion to Compel and Request for Hearing [Dkt.234] are before the court for decision.
Defendant has filed a response [Dkt. 259]. No reply was filed.
By this Motion and Supplement, Plaintiff once again seeks discovery after the
discovery deadline. Plaintiff’s current request is for 24 categories of documents. Plaintiff
bases the motion on the recent depositions of Mr. McCartin and Mr. Myrben which Plaintiff
contends confirmed the existence of additional relevant documents that Defendant is
withholding from production.
Defendant responds that the recent depositions do not confirm that Defendant has
improperly withheld any documents from production. Defendant represents to the court
that it has already produced all documents responsive to Plaintiff’s relevant requests and
objects to Plaintiff’s continued efforts to engage in discovery after the discovery deadline.
Defendant provides a specific response to each of Plaintiff’s categories.
The court finds that the recent depositions of Mr. McCartin and Mr. Myrben do not
confirm the existence of additional relevant documents that Defendant is improperly

withholding from production. To the extent that the 24 categories contain new discovery
requests the court has previously denied Plaintiff’s request to re-open discovery.
Plaintiff’s Expedited Motion to Compel [Dkt.221] and Supplement to Expedited
Motion to Compel and Request for Hearing [Dkt.222] are DENIED.
SO ORDERED this 16th day of December, 2011.

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