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- ilnd;;1:16-cv-04330_de21 RegisterActionDate "2016-12-08" @default.
- ilnd;;1:16-cv-04330_de21 RegisterActionDescriptionText "MINUTE entry before the Honorable Young B. Kim: Defendant AA38AED agreed amended motion for an extension of time to respond to Plaintiff's written discovery 17 is granted only to the extent that she has until December 23, 2016, to provide her answers and responsive documents to any production requests. Appearance on December 9, 2016, is not required to present this motion. Because she has missed two deadlines to respond to written discovery without lodging any objections to Plaintiff's requests, AA38AED is no longer entitled to pose any objections to Plaintiff's pending discovery requests, although she may still assert privileges, such as attorney-client and work product privileges, and withhold information or documents if warranted on those bases. This matter was initially filed in Illinois state court nine months ago. Back on April 15, 2016, both Defendants removed this matter from state court to federal court based on diversity jurisdiction. (R. 1.) AA38AED also filed her answer at the same time. (R. 4.) Presumably, AA38AED communicated with her counsel prior to filing this answer. When the matter was referred to this court for discovery supervision, the court issued a schedule for commencing and completing written discovery and ordered the parties to answer written discovery requests by November 7, 2016. (R. 12.) AA38AED did not meet this deadline. (R. 13.) Parties conferred about her failure to answer Plaintiff's discovery requests and Plaintiff agreed to provide AA38AED until December 6, 2016 to comply. (Id.) The parties agreed to this extension without leave of court. In response to the parties' joint status report on written discovery, the court entered an order on November 30, 2016, admonishing AA38AED for not having filed a motion for an extension of time to meet the court's deadline and directing her to answer Plaintiff's written discovery requests by December 6, 2016. The court also advised AA38AED that this deadline was "firm." (Id.) Despite this warning, AA38AED again failed to meet the court's deadline and now files a belated motion for an extension of time, citing vague excuses for not having met the deadline. Even if the court were to accept AA38AED excuses---language barrier and travel schedule---they demonstrate that AA38AED or her attorney is either failing to exercise due diligence or to take the court's orders seriously. Either way, AA38AED excuses for missing the second deadline do not amount to good cause. First, AA38AED counsel must have been aware of the claimed language barrier prior to April 15, 2016, and yet there is no indication in the motion that he used the services of a translator to prepare her responses to Plaintiff's written discovery requests. Given that interrogatory answers must be complete and accurate and because AA38AED must certify her answers under Rule 33(b)(5), she must use the services of a qualified translator. Second, AA38AED "travel schedule" does not amount to good cause when she herself agreed to the December 6, 2016 deadline when the parties conferred about her missing the November 7, 2016 deadline. For these reasons, the court sets December 23, 2016, as AA38AED new deadline for answering the discovery requests only because Plaintiff is the one asking for the information and she is entitled to discovery. AA38AED must respond fully and completely to the discovery requests, although she still may lodge objections related to any potentially applicable privileges. If AA38AED fails to meet this deadline, fails to respond fully to the written discovery requests, or fails to provide a privilege log if privileges are asserted, Plaintiff is ordered to file a motion to compel by no later than January 6, 2017. If the court grants the motion, it will consider whether other forms of sanctions against AA38AED are warranted. The deadline for submitting a supplemental status report on written discovery is rescheduled from January 4, 2017, to January 6, 2017. AA38AED initial motion for an extension of time 15 is denied as moot. The status hearing set for January 11, 2017, at 11:00 a.m. is to stand. Mailed notice (ma,) (Entered: 12/08/2016)" @default.
- ilnd;;1:16-cv-04330_de21 AdministrativeID "20" @default.
- ilnd;;1:16-cv-04330_de21 hasJudgeReference SJ000264 @default.
- ilnd;;1:16-cv-04330_de21 hasReferenceToOtherEntry ilnd;;1:16-cv-04330_de16 @default.
- ilnd;;1:16-cv-04330_de21 hasReferenceToOtherEntry ilnd;;1:16-cv-04330_de18 @default.