KAYMARK v. UDREN LAW OFFICES, P.C.

Filing 162

ORDER affirming Judge Eddy's April 4, 2018 ruling (Doc. 151 ). IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File Reply in Support of Objections (Doc. 158 ) is hereby DENIED as moot. Signed by Judge Cathy Bissoon on 05/14/18. (alj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DALE KAYMARK, Individually and on
behalf of other similarly situated current
and former homeowners in Pennsylvania
Plaintiff,
v.
UDREN LAW OFFICES, P.C.,
Defendant.

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Civil Action No. 13-419
Judge Cathy Bissoon

MEMORANDUM ORDER
Having considered Magistrate Judge Eddy’s ruling dated April 4, 2018 (Doc. 151),
Plaintiff’s Objections (Doc. 156) and Defendant’s Response (Doc. 157), the Objections are
OVERRULED. The Court agrees with Defendant that Judge Eddy’s ruling was neither clearly
erroneous nor contrary to law. The Court also agrees that the issue of insurance coverage is
irrelevant to the attorney’s fees issue currently pending before the Court.
Further, even assuming, arguendo, that Plaintiff was at one point entitled to insurance
coverage information, Judge Eddy correctly found that Plaintiff’s Motion to Compel (Doc. 139)
was untimely. “Generally, where, as here, a court does not set a deadline for the filing of
motions to compel, such motions filed after the expiration of the discovery deadline have been
deemed untimely.” Zimmerman v. Edwin A. Abrahamsen & Assocs., P.C., No. 15-CV-1174,
2017 U.S. Dist. LEXIS 137629, at *9-10 (M.D. Pa. Aug. 28, 2017); see also, Courtney v. Ivanov,
2016 U.S. Dist. LEXIS 46519, at *7-8 (W.D. Pa. Apr. 6, 2016). As Judge Eddy noted at the
April 4, 2018 telephonic conference, the parties’ discovery deadline was extended several times
throughout this litigation without any mention of a potential discovery dispute. See, Transcript,

9:5-25, Doc. 155. Instead of moving to compel during discovery, Plaintiff waited until more
than three months after Judge Eddy granted the last discovery extension (Doc. 125). Plaintiff’s
Motion to Compel is simply untimely. Accordingly, Judge Eddy’s April 4, 2018 ruling is
hereby AFFIRMED.
IT IS SO ORDERED.

May 14, 2018

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All Counsel of Record

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