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Keywords

plaintiffdefendantdepositiondiscoverytrialtestimonypleamotionbad faithcivil procedurepre-trial conferenceadmissibility

plaintiffdefendantpleamotioncivil procedure

Related Cases

Creekmore v. Maryview Hospital, Not Reported in Fed. Supp., 2009 WL 10676560

Facts

Plaintiff Latarsha Creekmore filed motions for sanctions and in limine against Defendant Maryview Hospital on October 12, 2009. The Defendant requested an extension to respond to these motions, claiming it needed more time to review a transcript from a pre-trial conference. Plaintiff opposed this extension, alleging that the Defendant had acted in bad faith during the discovery process. The court found that the Defendant's reasons for the extension were insufficient and that the Plaintiff's accusations lacked merit.

Plaintiff filed her Motion for Sanctions and Motion in Limine on October 12, 2009. Docs. 86 and 87. The deadline to respond to these motions was October 26, 2009.

Issue

Did the Defendant demonstrate good cause for an extension of time to file responsive pleadings to the Plaintiff's motions, and should the Plaintiff's motion for sanctions be granted?

Rule

The Federal Rules of Civil Procedure allow for extensions of deadlines for good cause, and the court may impose sanctions for conduct that impedes the fair examination of deponents.

The Federal Rules of Civil Procedure allow courts to extend a deadline for good cause 'with or without motion or notice if the court acts, or a request is made, before the original time or its extension expires.' Fed. R. Civ. P. 6(b)(1).

Analysis

The court analyzed the Defendant's request for an extension and found that it did not provide sufficient justification for its late filings. The court noted that the Defendant's choice to focus on other matters leading up to the deadline was a strategic decision and did not constitute good cause. Additionally, the court found that the Plaintiff's claims of misconduct by the Defendant's counsel during depositions did not rise to the level of warranting sanctions.

Regardless of the ineffectiveness of Plaintiff's response, nothing in Defendant's arguments suggests that good cause exists for the Court to permit Defendant's late filings.

Conclusion

The court denied both the Defendant's motion to extend the deadline for responsive pleadings and the Plaintiff's motion for sanctions, reserving the ruling on the admissibility of expert testimony for trial.

In light of the disfavor with which motions to extend a deadline are viewed in this District, and the Defendant's failure to overcome that disfavor by showing good cause to proceed otherwise, the Court hereby DENIES Defendant's Motion to Extend the Deadline for Filing Responsive Pleadings, Doc. 107.

Who won?

Defendant Maryview Hospital prevailed in this case as the court denied both of the Plaintiff's motions, finding insufficient grounds for sanctions and for an extension of time.

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