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Lee Dodge Inc., et al. v. Nexteppe Business Solutions

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


November 18, 2011

LEE DODGE INC., ET AL. PLAINTIFFS,
v.
NEXTEPPE BUSINESS SOLUTIONS, INC., ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER -

Plaintiffs' motion for additional time to complete discovery, and for a compulsion order against defendant East Hills, ECF Docket Entry ("DE") #48, is denied except to the limited extent specified below.

As an initial matter, despite previous admonitions from this Court, see Order (Nov. 1, 2011), D.E. #41, plaintiffs persist in ignoring the Court's Individual Rules, in that they failed to consult with opposing counsel to ascertain their positions on this motion. On that basis alone, the Court would be justified in denying the application in its entirety.*fn1

In any event, plaintiffs' motion to compel is denied as moot, inasmuch as the inspection sought by plaintiffs has taken place. See Letter to the Court from Richard M. Hendler (Nov. 18, 2011) ("East Hills Letter"), at 2, DE #50. The Court will not order East Hills to produce hard copies that it does not maintain. See id.

The Court will give plaintiffs until November 23, 2011 to serve disclosure as to plaintiffs' damages. Plaintiffs' request to otherwise further extend discovery is denied, largely for the reasons stated in the East Hills Letter and stated by the Court on the record at the last two proceedings in this case. Depositions must be completed by the December 16th discovery deadline, and must be scheduled for dates that are mutually agreeable to all counsel. The Court will tolerate no further delays in this case.

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE


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