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Fay Avenue Properties, LLC v. Travelers Property Casualty Co. of America

United States District Court, S.D. California

July 3, 2014

FAY AVENUE PROPERTIES, LLC, et al., Plaintiffs,
v.
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendant.

ORDER DENYING DEFENDANT'S EX PARTE MOTION FOR CONTINUANCE OF CASE MANAGEMENT ORDER DATES (DOC. NO. 112)

WILLIAM V. GALLO, Magistrate Judge.

On June 27, 2014, Defendant Travelers Property Casualty Company of America ("Defendant") filed an Ex Parte Motion for Continuance of Case Management Order Dates. On June 30, 2014, Plaintiff La Jolla Spa MD, Inc. ("LJ Spa") filed an Opposition to Defendant's Motion. Defendant Fay Avenue Properties notified the Court that it does not oppose Defendant's Motion.

The Court, having reviewed Defendant's Motion, LJ Spa's Opposition to the Motion, and the documents attached thereto, and having reviewed the record in this case, HEREBY DENIES Defendant's Ex Parte Motion for Continuance of Case Management Order Dates.

I

BACKGROUND

On October 13, 2011, Defendant removed this case to this Court. In August 2012, the parties exchanged Initial Disclosures (Defendant's Exh. 4 at 22-30). In the Initial Disclosures, LJ Spa identified 50 witnesses. On May 28, 2014, LJ Spa served its Amended Initial Disclosures that identified an additional 65 witnesses. (Defendant's Exh. 5 at37-48).[1]

From August 21, 2012 to July 15, 2013, LJ Spa and Defendant had numerous discovery disputes, which were the subject of several in-court and in chambers conferences.

On November 8, 2012, Defendant filed a Motion To Compel Further Responses To LJ Spa's Discovery Requests and For Terminating Sanctions. After the Court ordered further briefing on this Motion, on January 28, 2013, this Court filed a Report and Recommendation Regarding Defendant's Motion for Terminating Sanctions. The Court recommended that LJ Spa's case be terminated for numerous failures to abide by its discovery obligations and orders of the Court.

On July 15, 2013, the District Judge assigned to this case declined to adopt the Report and Recommendation Regarding Defendant's Motion for Terminating Sanctions.

On July 26, 2013, the parties submitted to the Court a Joint Discovery Plan. In the Joint Discovery Plan, LJ Spa and Defendant agreed that Defendant would be allowed to conduct up to 20 depositions and serve 50 interrogatories without leave of court. (Defendant's Exh. J at 18, 20-24). LJ Spa identified 21 persons who might have information relevant to this case. LJ Spa and Defendant agreed that July 20, 2014 would be the date by which all fact discovery was to be completed. (Defendant's Exh. J at 16, 20-26).

On August 2, 2013, the Court held a Case Management Conference with counsel representing all the parties and thereafter issued a Case Management Conference Order Regarding Discovery And Other Pretrial Proceedings. ("CMC Order"). The CMC Order stated, inter alia, that all discovery pertaining to the facts of this case shall be completed by July 20, 2014, a date the parties requested because of the time they believed they needed to conduct discovery given the number of potential witnesses which were disclosed in the Initial Disclosures. The CMC Order also stated that the dates set in the CMC Order will not be modified, except for good cause.

As early as July 26, 2013, Defendant was keenly aware of the number of potential witnesses and well knew that it may have needed to depose 21 people. Yet, it appears that Defendant did not notice any depositions until June 2014. The deposition that was noticed was to take place on June 11, 2014. Defendant also noticed 14 other depositions to take place in June and July 2014. June 11, 2014 is 39 days before the close of fact discovery on July 20, 2014.

Defendant now seeks an additional four months to complete fact discovery in this case based almost entirely on the number of witnesses to be interviewed and/or ...


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