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Keywords

plaintiffdefendantsubpoenadiscoverymotionadmissibility
plaintiffdefendantsubpoenadiscoverymotionadmissibility

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Mohammad; U.S. v.

Facts

The Plaintiff moved to issue a non-party subpoena to News 12 Connecticut for video footage believed to contain an interview relevant to the case. Discovery had closed on March 24, 2021, and the Plaintiff did not seek the footage until April 2023, after the death of a key witness, Father Bernard. The Defendant objected, arguing that reopening discovery would be unfair and futile due to the inadmissibility of the evidence sought.

The Plaintiff moved to issue a non-party subpoena to News 12 Connecticut for video footage believed to contain an interview relevant to the case. Discovery had closed on March 24, 2021, and the Plaintiff did not seek the footage until April 2023, after the death of a key witness, Father Bernard. The Defendant objected, arguing that reopening discovery would be unfair and futile due to the inadmissibility of the evidence sought.

Issue

Whether the Plaintiff could reopen discovery to issue a non-party subpoena for video footage after the discovery deadline had passed.

Whether the Plaintiff could reopen discovery to issue a non-party subpoena for video footage after the discovery deadline had passed.

Rule

A party seeking to reopen discovery must show good cause, which requires demonstrating that despite exercising diligence, the applicable deadline could not have been reasonably met.

A party seeking to reopen discovery must show good cause, which requires demonstrating that despite exercising diligence, the applicable deadline could not have been reasonably met.

Analysis

The court found that the Plaintiff did not exercise diligence in seeking the video footage during the discovery period. The Plaintiff's counsel was aware of the footage's existence but only sought it after the close of discovery, indicating a lack of diligence. The court noted that the Plaintiff's reasons for the delay did not justify reopening discovery, as the need for the footage had been foreseeable.

The court found that the Plaintiff did not exercise diligence in seeking the video footage during the discovery period. The Plaintiff's counsel was aware of the footage's existence but only sought it after the close of discovery, indicating a lack of diligence. The court noted that the Plaintiff's reasons for the delay did not justify reopening discovery, as the need for the footage had been foreseeable.

Conclusion

The court denied the Plaintiff's motion to issue a non-party subpoena and to reopen discovery, concluding that the Plaintiff failed to demonstrate good cause.

The court denied the Plaintiff's motion to issue a non-party subpoena and to reopen discovery, concluding that the Plaintiff failed to demonstrate good cause.

Who won?

Defendant prevailed in this case because the court found that the Plaintiff did not meet the burden of showing good cause to reopen discovery.

Defendant prevailed in this case because the court found that the Plaintiff did not meet the burden of showing good cause to reopen discovery.

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