Reynolds v. Municipality of Norristown
Reynolds v. Municipality of Norristown
2016 WL 11777848 (E.D. Pa. 2016)
August 9, 2016
Alejandro, Nitza I. Quinones, United States District Judge
Summary
The court granted the defendants' motion to quash depositions and imposed sanctions on the plaintiff for failing to comply with the court's scheduling order and unilaterally issuing subpoenas to non-party witnesses. The court found that the plaintiff did not seek an extension of the discovery deadline and therefore, the subpoenas were quashed and sanctions were imposed. This decision emphasizes the importance of following court scheduling orders and seeking extensions when necessary.
Additional Decisions
MICHAEL REYNOLDS Plaintiff
v.
MUNICIPALITY OF NORRISTOWN, OFFICER CHARLES DOUGLASS, CORPORAL JOSEPH BENSON, OFFICER BRIAN GRAHAM, OFFICER LINDSEY TORNETTA, SERGEANT TIMS, and SERGEANT LANGDON Defendants
v.
MUNICIPALITY OF NORRISTOWN, OFFICER CHARLES DOUGLASS, CORPORAL JOSEPH BENSON, OFFICER BRIAN GRAHAM, OFFICER LINDSEY TORNETTA, SERGEANT TIMS, and SERGEANT LANGDON Defendants
CIVIL ACTION NO. 15-00016
United States District Court, E.D. Pennsylvania
Filed August 09, 2016
Counsel
Richard J. Heleniak, Justin L. Groen, Messa & Associates, P.C., Philadelphia, PA, for Plaintiff.Shane Haselbarth, Marshall Dennehey Warner Coleman & Goggin, Philadelphia, PA, Suzanne McDonough, Holsten & Associates, Media, PA, for Defendant Municipality of Norristown.
Alejandro, Nitza I. Quinones, United States District Judge
ORDER
*1 AND NOW, this 9th day of August 2016, upon consideration of Defendants' motion to quash depositions and for sanctions pursuant to Rule 26(g), [ECF 40], and Scheduling Order dated October 6, 2015, [ECF 23], it is hereby ORDERED that Defendants' motion to quash is GRANTED and, therefore, the subpoenas issued by Plaintiff Michael Reynolds (“Plaintiff”) to compel the depositions of Jeff Karil and Michael Sullivan are QUASHED, and the request for sanctions in the amount of $300.00 is allowed.[1]
*2 BY THE COURT:
Footnotes
On October 6, 2015, following the parties' attendance at a Federal Rule of Civil Procedure (“Rule”) 16 Pretrial Conference, this Court issued a scheduling order setting forth deadlines, including, inter alia, that fact discovery be completed by April 6, 2016. [ECF 23]. At no time thereafter has Plaintiff sought to extend the deadline to complete fact discovery. Instead, on July 27, 2016, well after the deadline to conduct fact discovery had expired, Plaintiff issued two subpoenas to non-party witnesses EMT Jeff Karil and EMT Michael Sullivan compelling their attendance at depositions on August 10, 2016, a date unilaterally selected by Plaintiff. [ECF 40-2 at 4-5, 10-11]. On August 3, 2016, Defendants moved to quash the subpoenas contending that the time to conduct discovery has expired, and that Plaintiff was aware of the existence of these two individuals since at least March 11, 2015, when Defendants identified them in their initial disclosures, yet failed to timely depose them. [ECF 40-2 at 23-27].
Pursuant to Rule 16(b)(4), a scheduling order can only be modified “for good cause and with the judge's consent.” See Fed. R. Civ. P. 16(b)(4). Here, Plaintiff has not complied with the Rule nor has he requested that any deadline, particularly the fact discovery deadline, be amended. To allow Plaintiff to continue to engage in fact discovery after the expiration of the April 6, 2016, discovery deadline renders all deadlines set forth in any court scheduling order meaningless. See Clarke v. Mellon Bank, N.A., 1993 WL 170950, at *6 (E.D. Pa. May 11, 1993). Because Plaintiff did not seek an extension of the discovery deadline, and waited almost four months after the expiration of the deadline to issue the subpoenas for non-party witnesses, the subpoenas must be quashed. See Reith v. Trevi Icos Corp., 2013 WL 5574467, at *1 (E.D. Pa. Oct. 9, 2013) (granting motion to quash where the plaintiff had ample time before the discovery deadline to seek discovery from known witness); Puritan Inv. Corp. v. ASLL Corp., 1997 WL 793569, at *2 (E.D. Pa. Dec. 9, 1997).
Defendants argue that sanctions of $300.00, the cost of preparing the instant motion, are warranted. The October 6, 2015 scheduling order stated that “[a]ny failure to comply with this Order may result in sanctions.” [ECF 23]. Rule 16(f) permits a federal court to impose sanctions where a party or attorney “fails to obey a scheduling or other pretrial order.” Fed. R. Civ. P. 16(f)(1)(C). A federal court, “[i]nstead of or in addition to any other sanction ... must order the party, its attorney, or both to pay the reasonable expenses ... incurred because of any noncompliance with this rule ....” Id. at 16(f)(2). Defendants have represented that their costs for filing the motion to quash was $300.00, a sum this Court finds to be reasonable. Sanctioning Plaintiff in this amount for his failure to comply with the scheduling order compensates Defendants for the costs they incurred to compel Plaintiffs compliance.