Amar Shakti Enterprises, LLC et al v. Wyndham Worldwide, Inc. et al
Filing
109
ORDER denying 104 Motion to extend time; denying 105 Motion to supplement; denying 108 Motion to extend time. Signed by Judge Gregory A. Presnell on 2/7/2012. (ED)
<![CDATA[
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
AMAR SHAKTI ENTERPRISES, LLC;
ORLANDO LODGING ASSOCIATES,
LLP; RAM-LAKHAN, INC.; NATU
PATEL; SHIVA INVESTMENTS, LLC;
MHB, LLC; CABOT HOSPITALITY, LLC;
BAL KISHAN, INC.; TESHARA
INVESTMENTS, LLC,
Plaintiffs,
-vs-
Case No. 6:10-cv-1857-Orl-31KRS
WYNDHAM WORLDWIDE, INC.; SUPER
8 WORLDWIDE, INC. f/k/a Super 8 Motels,
Inc.; DAYS INNS OF AMERICA, II, INC.
f/k/a Days Inns of America, Inc.; DAYS
INNS WORLDWIDE, INC.; AMERIHOST
FRANCHISE SYSTEMS, INC.; RAMADA
WORLDWIDE, INC.,
Defendants.
______________________________________
ORDER
This matter comes before the Court on the Motion to Extend Time to Complete Class
Certification Discovery (Doc. 104), the Motion to Supplement the Motion to Extend Time (Doc.
105), and the Emergency Motion to Extend Time and For Oral Argument (Doc. 108) filed by the
Plaintiffs, and the response in opposition (Doc. 106) to the first two motions filed by the
Defendants. The Defendants have not filed a response to the emergency motion. The Plaintiffs
seek an extension of the deadline for filing a motion for class certification. That deadline is
currently February 10, 2012.
The instant case was filed on December 10, 2010. The Case Management and Scheduling
Order (Doc. 65), entered on August 30, 2011, set December 30, 2011 as the deadline for discovery
regarding class certification, and required the Plaintiffs to file their motion for class certification
on or before February 10, 2010. On November 22, 2011, the parties jointly requested (and were
granted) an extension of the class certification discovery deadline from December 30, 2011 to
January 31, 2012. (Doc. 93). In that motion, the parties stated that the extension of the discovery
deadline “will not result in an extension of any other deadlines in this case.” (Doc. 93 at 2)
(emphasis in original).
The Plaintiffs now seek an extension of another deadline in this case. Primarily, they rely
upon the fact that they received 150,000 pages of documents from the Defendants during the week
of January 21, 2012, and another 300,000 pages of documents on the day discovery closed,
January 31, 2012. They argue that they cannot review the documents in time to prepare their class
certification motion. However, the Plaintiffs do not identify the documents or offer any
explanation as to what information they contain that must be reviewed before filing the motion.
Moreover, even if the Plaintiffs had shown the necessity of reviewing these particular documents
before the filing deadline, they have not shown that their inability to do so resulted from anything
other than a lack of diligence on their part. They have not identified the date(s) when they
requested the documents, shown that they filed a motion to compel or anything of that nature to
-2-
obtain them sufficiently in advance of the filing deadline. Under these circumstances, the Court
finds that the Plaintiffs have not shown that the deadline for filing a class certification motion
should be extended. Accordingly, it is hereby
ORDERED that the Motion to Extend Time to Complete Class Certification Discovery
(Doc. 104), the Motion to Supplement the Motion to Extend Time (Doc. 105), and the Emergency
Motion to Extend Time and For Oral Argument (Doc. 108) are DENIED.
DONE and ORDERED in Chambers, Orlando, Florida on February 7, 2012.
Copies furnished to:
Counsel of Record
Unrepresented Party
-3-
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