United States District Court, W.D. North Carolina, Asheville Division
CARLETON METCALF UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the following motions: (1)
Plaintiff's Motion to Compel Discovery Responses (Doc.
29); (2) Plaintiff's Motion for an Extension of Time to
Complete Discovery, for Amendments to the Scheduling Order,
and to Designate Expert Economist (Doc. 31); and (3)
Plaintiff's Motion to Compel Rule 30(b)(6) Deposition
Relevant Procedural Background
filed this action on December 7, 2017 alleging
discrimination, harassment, and retaliation in violation of
the Americans With Disabilities Act, as amended, 42 U.S.C.
§ 12101 et seq. and the Uniformed Services
Employment and Reemployment Rights Act of 1994, 38 U.S.C.
§ 4301 et seq. See Compl. (Doc. 1).
March 28, 2018, the parties filed a Certification and Report
of F.R.C.P. 26(f) Conference and Proposed Discovery Plan
(Doc. 6). That plan proposed discovery be completed by
February 1, 2019, each party be allowed a maximum of 25
interrogatories and a maximum of 50 requests for admission,
and Plaintiff and each Defendant be allowed to take up to 10
depositions lasting up to seven hours each.
next day, a Pretrial Order and Case Management Plan (Doc. 9)
was entered. The Pretrial Order essentially adopted these
limits, though it set December 1, 2018 as the deadline for
the close of discovery.
(7) months later, on October 30, 2018, with Defendants'
consent, Plaintiff filed a First Amended Complaint (Doc. 10).
Defendants answered (Doc. 11) on November 1, 2018.
November 8, 2018, the parties requested an additional 45 days
to engage in discovery and conduct mediation, and a
corresponding 45-day extension to file dispositive motions.
(Doc. 12). The Court granted that request and amended the
Pretrial Order to, among other things, extend the discovery
deadline to January 15, 2019 and the motions deadline to
February 15, 2019. (Doc. 13).
last day of the extended discovery period, January 15, 2019,
the parties filed a joint request seeking further extensions
of the discovery deadline and the dispositive motions
deadline. (Doc. 16).
Court denied that joint request. (Doc. 17).
January 30, 2019, Plaintiff, now acting unilaterally, filed a
Motion for an Extension of Time to Complete Discovery and for
Amendments to the Scheduling Order (Doc. 19).
Court conducted a hearing on the Motion on February 15, 2019,
and considering the circumstances of this individual case,
and the more complete record that had been presented, allowed
the Motion in part and denied it in part by order dated
February 28, 2019 (Doc. 21). Among other things, the
discovery deadline was extended through and including April
1, 2019, the per party deposition allocation was increased to
twelve (12) depositions, and the dispositive motions deadline
was extended through and including May 1, 2019.
March 19, 2019, the undersigned conducted a telephone
conference with counsel to address certain potential
discovery disputes, after which the parties were directed to
confer and explore in further detail possible resolution of
March 29, 2019, the undersigned held two additional
conference calls with counsel regarding certain discovery
disputes. A joint oral request for a one-week extension of
the discovery deadline was allowed, and the discovery period
was extended to April 8, 2019. (Doc. 26). The parties were
advised that no further extensions of the discovery deadline
would be allowed absent emergent circumstances.
current motions were all filed on April 8, 2019, the last day