R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al

Filing 130

ORDER denying 116 Motion to take depositions after discovery cutoff by Judge Ricardo S Martinez.(RS, )

Download PDF
R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al Doc. 130 Case 2:04-cv-02338-RSM Document 130 Filed 07/26/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This matter comes before the Court on defendants' Motion for Leave to Take Depositions After Discovery Cutoff. (Dkt. #116). Defendants essentially argue that leave should be granted to take the depositions of five additional fact witnesses and four record depositions because all parties have been deposing witnesses after the discovery cutoff date. Plaintiff R. K., the only remaining plaintiff in this case, opposes the motion, arguing that defendants' prior discovery agreements should now preclude them from taking more depositions just two and a half months before trial, and that he will be prejudiced if defendants are now allowed to take such depositions. (Dkt. #118). Having reviewed defendants' motion, plaintiff's response, defendants' reply, and the remainder of the record, the Court hereby finds and ORDERS: ORDER PAGE - 1 Dockets.Justia.com UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE KENNETH FLEMING, et al., Plaintiffs, v. THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, et al., Defendants. CASE NO. C04-2338RSM ORDER DENYING MOTION TO TAKE DEPOSITIONS AFTER DISCOVERY CUTOFF Case 2:04-cv-02338-RSM Document 130 Filed 07/26/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (1) Defendants' Motion for Leave to Take Depositions After Discovery Cutoff (Dkt. #118) is DENIED. The Court finds that defendants have failed to show good cause why this Court should allow them to take their proposed depositions, especially in light of the fact that they have known of the identified witnesses long before the original discovery deadline of October 31, 2005, and long before they agreed with plaintiff to a finite set of depositions that would take place after the discovery cutoff deadline. (2) The Clerk shall forward a copy of this Order to all counsel of record. DATED this 26th day of July, 2006. A RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE ORDER PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?