Chan v. Rag and Bone Industries LLC et al, No. 1:2015cv06319 - Document 26 (S.D.N.Y. 2016)

Court Description: OPINION re: 23 MOTION to Compel Hoi Kwong Chan to respond to discovery requests filed by David Neville, Rag and Bone Industries LLC, Marcus Wainwright: Defendant's motion to compel is granted. In light of Plaintiff 9;s prose status Plaintiff is granted 60 days from the date of this order to comply. Additionally, given Mr. Chan's representation to the Court of the Plaintiff's lack of financial resources, and with no evidence to establish the contrary, the Court finds his financial situation "make[s] an award of expenses unjust." See Fed. R. C. P. 37 (a) (5) (B). Accordingly, the Defendants' request that they be awarded reasonable expenses incurred in opposing the plaintiff's mo tion to compel, including attorney's fees, is denied. See Crawford-Bey, 2010 WL 2143673, at *5. Defendant's request to extend the discovery deadlines as original set forth in the March 2016 schedule is also granted. The schedule is h ereby modified as follows: All fact discovery shall be completed no later than February 16, 2017. All expert discovery, including reports, production of underlying documents, and deposition, shall be completed no later than April 17, 2017. All dispositive motions shall be submitted to the Court by May 17, 2017. (Signed by Judge Robert W. Sweet on 12/20/2016) (tn)