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Jackson v. Bank of America, N.A.

United States District Court, S.D. Mississippi, Northern Division

September 24, 2014

ERIC L. JACKSON, Plaintiff,
v.
BANK OF AMERICA, N.A. et al., Defendants.

ORDER DENYING PLAINTIFF'S UNTIMELY DISCOVERY MOTIONS [54, 58, 60, 62, 64, 66]

JOHN C. GARGIULO, Magistrate Judge.

BEFORE THE COURT are six discovery Motions, which were all filed by Plaintiff Eric Jackson six to nine days before the discovery deadline of August 29, 2014:

1. Plaintiff's Motion [54] to Compel 30(b)(6) Deposition of Defendant Bank of New York Mellon;
2. Plaintiff's Motion [58] for Leave to File Supplemental Expert Report;
3. Plaintiff's Motion [60] to Compel Production of Documents from Defendant Recontrust Company, N.A.;
4. Plaintiff's Motion [62] to Compel Production of Documents and Answers to Interrogatories from Defendant Bank of New York Mellon;
5. Plaintiff's Motion [64] to Compel Production of Documents and Answers to Interrogatories from Defendant Bank of America; and
6. Plaintiff's Motion [66] to Amend Case Management Order Discovery Deadline.

Defendant filed Responses [80, 81, 82, 83, 85, 86, 87, 88, 89, 90, 91, 92] to all six Motions, and Plaintiff timely filed two Replies [93, 96] in support of two of his six Motions. Today, Plaintiff filed four Replies [97, 98, 99, 100] in support of his remaining four Motions, but these Replies were filed well beyond his deadline for filing Replies.

I. DISCUSSION

A. All of Plaintiff's discovery Motions are Untimely

August 29, 2014, was the discovery deadline and also the deadline for all dispositive motions, including Daubert motions. Plaintiff filed the six discovery Motions at issue six to nine days before the discovery deadline.[1] Local Uniform Civil Rule 7(b)(2)(B) provides

A party must file a discovery motion sufficiently in advance of the discovery deadline to allow response to the motion, ruling by the court and time to effectuate the ...

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