Mowder v. Permanent General Assurance Corporation of Ohio et al, No. 1:2013cv00082 - Document 93 (N.D. Ohio 2014)

Court Description: Opinion and Order signed by Judge James S. Gwin on 4/18/14. The Court denies plaintiff's motion to extend the discovery deadline, grants the motion to quash of non-parties Daniel Kelly and American Family Insurance and denies the motion for sanctions filed by the non-parties. (Related Docs. 86 , 89 ) (M,G)

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Mowder v. Permanent General Assurance Corporation of Ohio et al UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: RON SATIJA, Trustee of the Bankruptcy : Estate of David Mowder and Heather : Lynette Mowder, : : Plaintiff, : : v. : : PERMANENT GENERAL ASSURANCE : CORPORATION OF OHIO et al., : : Defendants. : : ------------------------------------------------------- Doc. 93 CASE NO. 1:13-CV-00082 ORDER [Resolving Docs. 86 & 89] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: In this case with a trial scheduled for April 28, 2014, the Court has received two discoveryrelated motions. First, Plaintiff Ron Satija moves this Court to extend the Court’s discovery deadline to allow for the Estate to obtain documents from an investigative service hired by Defendants to interview a potential witness in this case.1/ The Plaintiff says that Defendants agreed to supply those documents.2/ Defendants oppose the motion and deny that they offered to produce the documents.3/ The Court DENIES Plaintiff’s motion. The Court observes that the involvement of the investigative service is clear from the face of the written statement the witness gave and that Plaintiff received more than two months ago. No good cause exists to continue the discovery deadline.4/ Second, non-parties Daniel Kelly and American Family Insurance move to quash a subpoena 1/ Doc. 86. 2/ Id. 3/ Doc. 90. 4/ See Fed. R. Civ. P. 16(b)(4). The Court also observes that some of the documents would presumably be covered by the attorney-work product protection. See Fed. R. Civ. P. 26(b)(3). Dockets.Justia.com Case No. 1:13-CV-00082 Gwin, J. served on Kelly by Plaintiff.5/ Kelly and American Family Insurance also move for sanctions.6/ They say that Plaintiff has refused to withdraw the subpoena that he knows is improper.7/ The Court GRANTS the motion to quash. This Court has already denied Plaintiff’s motion to extend discovery to allow Plaintiff to take Kelly’s deposition.8/ No basis exists to require Kelly to comply with the subpoena and appear for a deposition when no indication exists that he has personal knowledge of the subject matter and when the discovery period has ended. The Court DENIES the motion for sanctions. Although Plaintiff’s apparent position on the subpoena is curious to say the least, the Court does not find sanctions are an appropriate penalty here. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: April 18, 2014 5/ Doc. 89. 6/ Id. Id. at 4. 7/ 8/ Doc. 81. -2-

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