NOVAK SITE RD/RA PERFORMING PARTIES et al v. SBC HOLDINGS, INC. et al

Filing 32

ORDER THAT DEFENDANTS' MOTION FOR LEAVE TO SUBMIT ITS ATTORNEY'S FEES AND COSTS IN CONNECTION WITH THE CANCELLED DEPOSITION OF MAY 7-8, 2014 IS GRANTED. DEFENDANTS' MOTION FOR AN EXTENSION OF TIME FOR DISCOVERY IS GRANTED. ALL DISCOVERY SHALL BE CONCLUDED BY 8/28/14. PLAINITFF'S MOTION FOR ORDER DIRECTING PRODUCTION OF DOCUMENTS IS DENIED AS PREMATURE. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 7/15/14. 7/16/14 ENTERED AND COPIES E-MAILED.(mbh, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NOVAK SITE RD/RA PERFORMING
PARTIES et al
Plaintiff,
v.
SBC HOLDINGS, INC. et al
Defendants.

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CIVIL ACTION

NO. 13-CV-02266

ORDER
For the reasons set forth in the accompanying opinion, it is on this 15th day of
July, 2014,
ORDERED
as follows:
1.

Defendants’ motion for leave to submit its attorneys’ fees and costs in
connection with the cancelled depositions of May 7-8, 2014 is
GRANTED.
a.

Defendants shall submit an affidavit listing their costs and
attorneys’ fees for the cancelled depositions of May 7-8, 2014.

b.

Defendants shall address in their submission the extent to which
their preparation on May 5-6, 2014 foreshortens preparation
necessary for the depositions to take place on or before August 15,
2014.

c.

Any memorandum in support of their application shall not exceed 5
pages in length. Any response shall not exceed 4 pages in length.

2.

Plaintiffs’ motion for an extension of the time for discovery, and for an
order directing the deposition of certain witnesses, is GRANTED, as
follows:
a.

The depositions of Mark Tuttle, John Stroh III, and George E.
Kuehn shall be scheduled to take place in Detroit, on or before
August 15, 2014.

b.

To the extent that there are deficiencies in responses to outstanding
requests for production, they shall be identified in writing to the
responding party on or before July 21, 2014, and remedied on or
before August 1, 2014.

c.

If the parties cannot resolve a dispute about alleged deficiencies, the
aggrieved party shall file a motion seeking relief, attaching the
specific discovery requests and responses at issue, on or before
August 5, 2014.
1.

Any response shall be filed on or before August 8,
2014.

2.

The motion and memorandum accompanying the
motion, if any, shall not together exceed 5 pages.

3.

Any responsive memorandum shall not exceed 4
pages.

4.

There will be no reply permitted.

5.

If either party seeks oral argument they should say so
in their written submissions; otherwise the motions
will be decided based on the written submissions.

d.
3.

All discovery shall be concluded by Thursday, August 28, 2014.

Plaintiffs’ motion for an order directing production of documents
concerning reserves set aside by the Defendants’ Board of Directors is
DENIED as premature.
a.

If these documents have been requested but not produced, and the
parties cannot resolve the issue, Plaintiffs should file a motion as
described in paragraph 2(b), above.

BY THE COURT:

s/ Richard A. Lloret

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RICHARD A. LLORET
UNITED STATES MAGISTRATE JUDGE