MARINKOVIC v. BATTAGLIA et al

Filing 145

MEMORANDUM OPINION. Defendants shall respond to Plaintiff's Requests for Admission on behalf of themselves only on or before April 12, 2018, in a manner otherwise consistent with the instructions set forth in the October 20, 2017 Order. P laintiff shall produce all documents responsive to Defendants' Rule 34 Requests for Production, including the audio recordings referenced in the October 20, 2017 Order, on or before April 12, 2018, in a manner otherwise consistent with the instructions set forth in the October 20, 2017 Order. Signed by Judge Mark R. Hornak on 3/26/18. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

M. MARINKOVIC,
Plaintiff,

v.
DAVID K. BATTAGLIA, et al,
Defendants.

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Civil Action No. 1: 14-cv-0049
Judge Mark R. Hornak

MEMORANDUM OPINION

On October 20, 2017, this Court entered an Order (ECF No. 134) granting Defendants'
Motion to Compel (ECF No. 129) in full and granting Plaintiffs Motion to Compel (ECF No.
127) in part. Specifically, the Court ordered Defendants to respond to Plaintiffs Requests for
Admission (on behalf of themselves only) on or before November 3, 2017. The Court also
ordered Plaintiff to "produce all documents responsive to Defendants' Rule 34 Requests for
Production, including the audio recordings references herein, on or before November 3, 2017."
(ECF No. 129 at 5).
On November 2, 2017, Plaintiff filed a Notice of Appeal of the October 20, 2017 Order.
(ECF No. 141). On March 13, 2018, the Court of Appeals for the Third Circuit dismissed
Plaintiffs appeal for lack of appellate jurisdiction. (ECF No. 144).
Now that Plaintiffs appeal has been resolved, the parties are reminded of their
obligations to comply with the Court's October 20, 2017 Order. Because the original deadlines
have now passed, the Court substitutes the following deadlines for compliance:
Defendants shall respond to Plaintiffs Requests for Admission on behalf of themselves
only on or before April 12, 2018, in a manner otherwise ccnsistent with the instructions set forth
in the October 20, 2017 Order.

Plaintiff shall produce all documents responsive to Defendants' Rule 34 Requests for
Production, including the audio recordings referenced in the October 20, 2017 Order, on or
before April 12, 2018, in a manner otherwise consistent with the instructions set forth in the
October 20, 2017 Order.
Because these discovery matters have already been the subject of extensive briefing,
including several motions to compel, motions for sanctions, motions for reconsideration, and an
interlocutory appeal, the parties are cautioned that any attempt to seek reconsideration of the
October 20, 2017 Order will be denied absent the most compelling of circumstances. Moreover,
because the parties have now had almost five months shce the Order was entered in which to
gather the necessary discovery materials, no requests for extension will be granted, absent the
most compelling of circumstances.
IT

rs so ORDERED.

Mark R. Hornak
United States District Judge

Dated: March 26, 2018

cc:

All Counsel of Record

Mel M. Marin
Box 92222
Rochester, NY 14692
Mel Marinkovic
3900 Dawnshire Dr.
Parma, OH 44134

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