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Joseph A. Ferrara, Sr., et al v. Cruz Contractors LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 25, 2012

JOSEPH A. FERRARA, SR., ET AL., PLAINTIFFS,
v.
CRUZ CONTRACTORS LLC, DEFENDANT.

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

MEMORANDUM AND ORDER

The Court is in receipt of the plaintiff Funds' letter dated January 24, 2012, requesting yet another extension of the discovery deadlines, which the Court has repeatedly extended in the past. Specifically, plaintiffs ask that the Court "stay the Funds' obligation to produce the relevant audits [sic] reports until such reasonable time as the documentation necessary to complete the audits is produced by Cruz Contractors LLC," including "documentation relevant to Cruz Contracting, Inc. . . . ." Letter Motion for Extension of Time to Complete Discovery (Jan. 24, 2012) at 1, Electronic Case Filing Docket Entry ("DE") #21.

In seeking such a stay, plaintiffs explain that although defendant "has pledged to cooperate in providing the documentation in its possession," that documentation "is the subject of a document request whose response deadline has not passed . . . ." Id. Notably, plaintiffs do not disclose when that document request was served. The Court is aware, however, that at least as of December 1, 2011, defendant agreed to permit an audit of the alleged affiliated companies, see Motion for Extension of Time to Complete Discovery (Dec. 11, 2011), DE #17, and that audit commenced on December 14, 2011. See Motion for Extension of Time to Complete Discovery (Jan. 9, 2012), DE #19. Accordingly, if plaintiffs desired any additional documentation, they should have promptly served a demand therefor. Had they done so, they presumably would have had that documentation by now. The delay in production is thus a problem of their own making.

Given the protracted history of discovery in this case, the Court declines to "stay" the deadline for disclosure of the Funds' audit reports. Instead, the Court will extend the January 31st deadline, but only until February 21, 2012. Defendants shall produce the demanded documents in a timely fashion. The March 5th discovery deadline remains unchanged. The Court will tolerate no further delays in this case.

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE

20120125

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