Mitchell et al v. Cenlar Capital Corporation et al

MEMORANDUM in Support re MOTION to Compel Deposition of Plaintiffs MOTION to Extend Discovery Deadline

S.D. Miss.October 17, 2017

4848-1656-3025 2929771-000021 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION PALAS MITCHELL AND JOHN MITCHELL PLAINTIFFS V. CIVIL ACTION NO. 3:16-cv-00814-WHB-JCG CENLAR CAPITAL CORPORATION d/b/a CENLAR FEDERAL SAVINGS d/b/a CENTRAL LOAN ADMINISTRATION & REPORTING and MGC MORTGAGE, INC. DEFENDANTS MGC MORTGAGE, INC.'S MEMORANDUM IN SUPPORT OF MOTION TO COMPEL AND EXTEND DISCOVERY DEADLINE Pursuant to Federal Rule of Civil Procedure 37(a), Defendant MGC Mortgage, Inc. (“MGC”) submits this Memorandum in Support of its Motion to Compel and Extend Discovery Deadline, and moves this Court for an Order compelling the Deposition of Plaintiffs, Palas Mitchell and John Mitchell (“Plaintiffs”). In support of its Motion, MGC states as follows: I. FACTS 1. Plaintiffs filed this action on October 17, 2016. ECF No. 1. 2. Defendants have repeatedly requested that Plaintiffs provide dates for their depositions, including on the following occasions: a. August 24, 2017;1 b. September 11, 2017;2 c. September 25, 2017;3 d. October 2, 2017;4 and 1 See E-mail from Ryan Daugherty to Don Medley (Aug. 24, 2017), attached as Exhibit A. 2 See E-mail from Frederick Salvo to Don Medley (Sept. 11, 2017), attached as Exhibit B. 3 See Letter from Brent Cole to Don Medley (Sept. 25, 2017), attached as Exhibit C. Case 3:16-cv-00814-WHB-JCG Document 28 Filed 10/17/17 Page 1 of 4 2 4848-1656-3025 2929771-000021 e. October 10, 2017.5 3. Despite Defendants’ repeated requests for Plaintiffs’ cooperation with discovery, Plaintiffs have not provided any response to these numerous requests for deposition dates. 4. Consequently, MGC sent Plaintiffs good faith correspondence on October 10, 2017,6 advising that MGC would seek the court’s intervention if Plaintiffs did not respond by close of business October 12, 2017 with deposition dates. Plaintiffs again failed to respond. II. LAW AND ARGUMENT 3. The Federal Rules of Civil Procedure permit a party to "move for an order compelling disclosure or discovery." Fed. R. Civ. P. 37(a)(1), (3). 4. "Before service of a discovery motion, counsel must confer in good faith to determine to what extent the issue in question can be resolved without court intervention." L.U. Civ. R. 37(a). 5. Defendants have repeatedly requested that Plaintiffs’ cooperate in discovery in good faith and provide dates when Plaintiffs are available for deposition. Plaintiffs have repeatedly ignored these requests and MGC’s good faith correspondence, and the Court’s intervention is now required to move discovery forward in this matter. 6. Additionally, as Plaintiffs have ignored Defendants' repeated requests for depositions and delayed discovery up to the discovery deadline in this matter—October 25, 2017—a short extension of the discovery deadline is now necessary to complete discovery. 4 See E-mail from Brent Cole to Don Medley (Oct. 2, 2017), attached as Exhibit D 5 See Letter from Brent Cole to Don Medley (Oct. 10, 2017), attached as Exhibit E. 6 Id. Case 3:16-cv-00814-WHB-JCG Document 28 Filed 10/17/17 Page 2 of 4 3 4848-1656-3025 2929771-000021 Accordingly, MGC brings this Motion requesting that the Court extend the discovery deadline in this matter and compel Plaintiffs’ depositions during that discovery extension period. MGC further requests all other relief to which it is entitled to under the premises. This the 17th day of October, 2017. Respectfully submitted, MGC MORTGAGE, INC. By Its Attorneys, BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC BY: s/Brent W. Cole BRENT W. COLE Frederick N. Salvo, III (MS Bar No. 100419) fsalvo@bakerdonelson.com Brent W. Cole (MS Bar No. 104205) bcole@bakerdonelson.com BAKER, DONELSON, BEARMAN CALDWELL & BERKOWITZ, PC One Eastover Center 100 Vision Drive, Suite 400 (39211) Post Office Box 14167 Jackson, Mississippi 39236 Telephone: (601) 351-2400 Facsimile: (601) 351-2424 Case 3:16-cv-00814-WHB-JCG Document 28 Filed 10/17/17 Page 3 of 4 4 4848-1656-3025 2929771-000021 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing with the Clerk of the Court using the ECF system which sent notification of such filing to all counsel of record. This the 17th day of October, 2017. s/Brent W. Cole BRENT W. COLE Case 3:16-cv-00814-WHB-JCG Document 28 Filed 10/17/17 Page 4 of 4