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Morrissey & Donahue
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Filed: May 16, 2024 | Entered: May 16, 2024 Chicago Ornamental Iron, Inc. v. Merchant Machine Tools, Inc.
190(Contract: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Heather K. McShain: Pending before the Court is defendant's opposed motion for an extension of time to complete fact discovery 42 . Defendant seeks an extension from 05/15/2024 to 06/14/2024 to complete third-party discovery, including a Rule 30(b)(6) deposition, on Peddinghaus Corporation, which manufactured the machine at issue in this case. Defense counsel and counsel for Peddinghaus have agreed that a Rule 30(b)(6) designee will be deposed in early June. Defendant flagged the need to subpoena and depose a Peddinghaus representative in the joint status report and extension motion it filed on 03/29/2024 [35, 36], but the present motion does not explain why the subpoena was not issued until 05/02/2024. Over plaintiff's objection, and in the exercise of its "extremely broad discretion to control discovery," Jones v. City of Elkhart, Ind., 737 F.3d 1107, 1115 (7th Cir. 2013), the Court grants defendant's motion 42 and orders that all fact discovery must be completed by 06/14/2024. The Court observes that, in granting defendant's previous motion to extend the discovery cutoff, the Court indicated that no future extensions would be granted in the absence of extraordinary and unforeseeable circumstances that prevented the parties from completing discovery by 05/15/2024 38 . In setting that requirement, the Court found that that extension was the second extension of the discovery cutoff granted in the case. On further review of the docket, however, the Court finds that only one prior extension of the discovery cutoff has been granted (in addition to extensions of the deadlines to serve initial disclosures, complete written discovery, and complete party depositions that were within the original fact discovery cutoff [28, 32]). For that reason, the Court does not require a showing of extraordinary and unforeseeable circumstances to grant the pending motion. However, given defendant's unexplained delay in subpoenaing Peddinghaus, the Court will not grant a further defense motion to extend the fact discovery cutoff unless defendant shows that extraordinary and unforeseeable circumstances prevented it from completing the Peddinghaus discovery by 06/14/2024. A joint status report is due on 06/10/2024 to update the Court on: (a) the progress of fact discovery; (b) the parties' plans for expert discovery, including whether an adjustment of the current expert discovery schedule 41 is needed; and (c) the status of settlement discussions, if any; and (d) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 05/16/2024)
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Motion | Filed: May 15, 2024 | Entered: May 15, 2024 Chicago Ornamental Iron, Inc. v. Merchant Machine Tools, Inc.
190(Contract: Other) | Illinois Northern
Motion
MOTION by Defendant Merchant Machine Tools, Inc. for extension of time to complete discovery limited to subpoena to Peddinghaus Corporation
Presented before Magistrate Judge
(Greco, Michael) (Entered: 05/15/2024) -
Filed: April 15, 2024 | Entered: April 15, 2024 Chicago Ornamental Iron, Inc. v. Merchant Machine Tools, Inc.
190(Contract: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report and adopts the parties' proposed expert discovery schedule as follows: Plaintiff to identify experts and produce reports by 06/18/2024. Defendant to identify experts and produce reports by 07/18/2024. All expert depositions to be completed by 09/03/2024. Dispositive motions due on 10/03/2024. A further joint status report is due on 06/10/2024 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice (ags) (Entered: 04/15/2024)
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