Kell v. Turley

Filing 192

MEMORANDUM DECISION and ORDER denying 187 Motion for Extension of Time to Complete Discovery. Further, it is ordered that the deadline for taking depositions is hereby set for September 18, 2016. Signed by Magistrate Judge Paul M. Warner on 7/19/2016. (blh)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

TROY MICHAEL KELL,

MEMORANDUM DECISION AND
ORDER

Petitioner,
v.

2:07-CV-00359-CW-PMW

SCOTT CROWTHER, WARDEN, UTAH
STATE PRISON;

District Judge Clark Waddoups
Magistrate Judge Paul M. Warner

Respondent.

District Judge Clark Waddoups referred this matter to Magistrate Judge Paul M. Warner
pursuant to 28 U.S.C. § 636(b)(1)(A).1 Before the court is a motion by Petitioner Troy Michael
Kell (“Petitioner”) to further extend discovery deadlines by six months.2 Pursuant to civil rule 71(f) of the United States District Court for the District of Utah Rules of Practice, the court elects
to determine the motion on the basis of the written memoranda and finds that oral argument
would not be helpful and is not necessary. See DUCivR 7-1(f).
Petitioner seeks a 181-day extension of the deadline to complete document production,
from May 31, 2016 to November 28, 2016. He also requests a concomitant extension of the
deadline for completing depositions to January 27, 2017. These extensions are on top of prior
discovery extensions totaling over a year.

Respondent notes that, with the exception of

documents from the Utah Department of Corrections (“UDC”) that are the subject of a pending
motion, Respondent produced all relevant documents as of November 3, 2015.
1
2

Docket no. 78.
Docket no. 187.

Plaintiff has not shown good cause for yet another extension. Similarly, Petitioner has
shown neither actual prejudice in not granting the extension, nor an inability to complete
discovery by the deadline despite Petitioner’s diligence. Petitioner has had more than sufficient
time to engage in discovery and has not established the necessity for more discovery or delay.
Accordingly, Petitioner’s motion is DENIED.

The document production deadline remains

unchanged. Further, it is ORDERED that the deadline for taking depositions is hereby set for
September 18, 2016.
The court recently ordered further briefing on the motion to quash the subpoena seeking
UDC documents.3 Depending on the outcome of that motion, the court may grant a short
extension of time for the limited purpose of addressing discovery issues solely related to those
documents.
IT IS SO ORDERED.
DATED this 19th day of July, 2016.

BY THE COURT:

________________________________
PAUL M. WARNER
United States Magistrate Judge

3

Docket no. 191.