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Vyacheslav Fetisov, et al v. Ay Builders

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 2, 2011

VYACHESLAV FETISOV, ET AL., PLAINTIFFS,
v.
AY BUILDERS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Roanne L. Mann, United States Magistrate Judge

MEMORANDUM AND ORDER

Ignoring the Court's prior admonition that no further extensions of the discovery deadlines would be granted, see Minute Entry (May 12, 2011), ECF Docket Entry ("DE") #27, the parties have requested yet another extension of the fact discovery deadline, which expired on July 27, 2011. See Counsel's Letter to the Court (July 26, 2011) ("7/26/11 Letter"), DE #32. As the parties have not established good cause for reopening discovery for all purposes, see Fed. R. Civ. P. 16(b)(4), the Court grants their application to the following limited extent only:

The parties report that the principal of plaintiff's replacement contractor, whom they characterize as a "key witness," is currently incarcerated in New Jersey and reportedly scheduled to be released in September. See 7/26/11 Letter at 1-2. The parties ask that the fact discovery deadline be extended "to a date 30-days after his release." Id. at 2.*fn1 The Court declines to grant such an open-ended request. The parties will be permitted to conduct a deposition of the replacement contractor up until September 12, 2011. If he is not scheduled to be released before that deadline, the parties shall make arrangements with the facility where he is incarcerated to conduct the deposition at the facility.

Court-supervised fact discovery has otherwise ended. The parties are free to voluntarily engage in further document discovery, but without judicial supervision.

The parties also request a "corresponding extension of the deadlines to serve expert disclosure, . . . and an adjournment of the settlement conference currently scheduled for September 19." Id. at 2. However, the parties provide no information regarding the expert testimony (if any) on which they intend to rely,*fn2 nor do they explain why expert disclosure cannot be completed by the extended deadlines set by the Court on June 10, 2011. See 6/10/11 Minute Entry at 2. Therefore, the expert disclosure deadlines remain unchanged and the September 19th settlement conference will go forward as scheduled.

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE


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