Interrogatories and Requests for Production of Documents
On January 12, 1996, Plaintiff served the City with Interrogatories and Requests for Production of Documents. The City objects to this discovery on the ground that it will take more than thirty days to fully comply. In addition, the City appears to object on the ground that Plaintiff waited until after it believed the City's SED were due to request this discovery and also on the ground that the requests were still premature.
Plaintiff has not responded to this Motion and under Local Rule of Civil Procedure 7.1(c), we may treat it as uncontested. We choose not to, however, and will address the merits of the City's request. Because of Plaintiff's waiver of service of summons and his failure to demand early disclosure, no discovery request could be made until January 22, 1996, when the City's SED were due. However, the discovery deadline in this action is February 15, 1996 and all discovery requests must be made in a manner that will assure their completion before the deadline. Therefore, any requests had to be served thirty days before February 15, 1996; i.e., by January 15, 1996, a week before discovery could be sought.
It appears that a combination of factors have contributed to a timing scenario that effectively precludes any discovery outside of the SED. In recognition of that, we hereby GRANT a sixty day extension to the dates established in this Court's November 1, 1995 Scheduling Order. This Court will not entertain any further requests for extensions. We also DENY the City's request for a protective order. Further, we direct all parties to respond to all outstanding discovery requests, forthwith, as if they were timely filed.
Because it appears that both sides are equally to blame for this discovery impasse, the City's request for an order to show cause under Rule 11 will be denied. Finally, we rule that the parties must bear their own fees and costs with respect to these motions and the responses thereto and exclude these expenses from any future petition for fees and costs. An appropriate Order follows.
AND NOW, this 14th day of February, 1996, upon consideration of Plaintiff's Motion to Compel Self-Executing Disclosures by the City of Philadelphia and to Deem Admitted by the City of Philadelphia Plaintiff's Requests for Admissions by Defendants - First Set and response thereto, the Motion is hereby DENIED, as explained in the attached Memorandum. Upon consideration of Defendant, City of Philadelphia's Motion for Protective Order, the Motion is hereby DENIED, as explained in the attached Memorandum. It is hereby FURTHER ORDERED that the dates established in this Court's November 1, 1995 Scheduling Order are hereby extended by sixty days. This Court will not entertain any further requests for extensions.
BY THE COURT:
J. CURTIS JOYNER, J.
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