Lone Star Chapter Paralyzed Veterans of America et al v. City of San Antonio et al

Filing 106

ORDER DENYING 75 Motion for Leave to File interrogatories, requests for production and requests for admission outside of the discovery deadline. Signed by Judge Nancy Stein Nowak. (rg)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

SKYEWARD BOUND RANCH,
Plaintiffs,
v.
CITY OF SAN ANTONIO,
Defendant.

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CIVIL ACTION NO.
SA-10-CV-0316 XR

ORDER DENYING MOTION FOR LEAVE TO PROPOUND DISCOVERY OUT OF
TIME OR FOR EXTENSION OF DISCOVERY DEADLINE (Docket entry 75)
The matter before the Court is plaintiff’s motion for leave to file interrogatories, requests
for production and requests for admission outside of the discovery deadline or for an extension of
the discovery deadline (docket entry 75). Also before the Court is defendant’s response.
By its motion plaintiff asks the Court to either allow discovery which is characterized as
being out of time or to extend the discovery deadline 10 days. The motion was filed on January
11th. The discovery deadline did not expire until January 31. Accordingly, the discovery was
propounded within the deadline. Nevertheless, implicit in plaintiff’s motion is the request for
permission to compel defendant to respond to discovery filed close to the expiration of the
deadline...which necessarily requires an extension of the deadline. The pending motion was filed
before the deadline expired. Therefore the motion may be granted upon a showing of good cause.
F.R.Civ.P. 6(b)(1).
As reason for the motion plaintiff complains about the substance of defendant’s initial
disclosures. However, those disclosures were served in September and no motion to compel
directed to those disclosures was filed until very recently. Plaintiff filed this case in April and the

original discovery deadline was December 9. Plaintiff fails to explain any reason for waiting
until January 11 to propound discovery. Failing to demonstrate good cause for the requested
extension, the motion is DENIED.
It is so ORDERED.
SIGNED on February 11, 2011.

_____________________________________
NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE

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