Louis Vuitton Malletier v. Eisenhauer Road Flea Market, Inc. et al

Filing 99

ORDER DENYING 71 MOTION to Compel. The case is returned to the District Court for all purposes. Signed by Judge Nancy Stein Nowak. (rf)

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

LOUIS VUITTON MALLETIER,
Plaintiff,
v.
EISENHAUER ROAD FLEA
MARKET, INC,
PATRICIA D. WALKER, and
BRUCE L. GORE,
Defendants.

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CIVIL ACTION NO.
SA-11-CV-0124 HLH

ORDER DENYING MOTION TO COMPEL AND RETURNING CASE
The matter before the Court is defendants’ motion to compel, the response thereto and
reply (docket entries 71, 79 and 90). This matter has been referred to me for determination
(docket entry 73).
The motion to compel was filed six weeks after the deadline for discovery motions and
three weeks before the scheduled trial date. The motion was not filed with a request to extend
the discovery period. The scheduling order in this case stated that “Counsel may by agreement
continue discovery beyond the deadline, but there will be no intervention by the Court except in
extraordinary circumstances....” (Docket entry 22).
Having reviewed the motion, response and reply I conclude that defendant has not shown
extraordinary circumstances support the request for the Court’s intervention in the parties’
dispute concerning production of the surveillance tapes at this late date. Plaintiff has indicated
that it will not be using the tapes at trial. The written investigative reports were based on these

tapes and those reports were produced on June 9, 2011. The fact that defendants obtained new
counsel in late October 2011, just days before the discovery deadline, and the fact that new
counsel did not discover that the surveillance tapes were missing from plaintiff’s production until
December 8, do not support a finding of extraordinary circumstances.
Concluding that the motion to compel was filed after the discovery deadline, and that
extraordinary circumstances do not justify the Court’s intervention in this discovery dispute, the
motion to compel is ORDERED DENIED.
All matters for which this cause was referred to the Magistrate Judge having been
considered and acted upon, it is ORDERED that the above-entitled and numbered cause be, and
it hereby is, RETURNED to the district court for all purposes.
SIGNED on January 9, 2012.

_____________________________________
NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE

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