Minor v. Oldcastle Services, Inc.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

JERMAINE MINOR, by his son and next ) friend, JERMON MINOR, individually ) and on behalf of a class, ) ) Plaintiff, ) Case No. 21-CV-503-SMY ) vs. ) ) OLDCASTLE SERVICES, INC., and ) OLDCASTLE LAWN & GARDEN, INC., ) ) Defendants. )

ORDER

This matter comes before the Court on Plaintiff’s Motion to Amend the Complaint and Extend the Scheduling Order (Doc. 36), Defendants’ Motion to Stay Discovery (Doc. 46), Plaintiff’s Motion for Contempt (Doc. 50), and Plaintiff’s Motion to Compel (Doc. 51). The Court, having reviewed these motions and any pleadings in opposition to them, rules as follows: Motion to Amend (Doc. 36) and Motion to Stay Discovery (Doc. 46) In the interests of justice and pursuant to F.R.C.P. 15(a)(2) and 16(b), Plaintiff’s Motion to Amend the Complaint and Extend the Scheduling Order is GRANTED. Arreola v. Godinez, 546 F.3d 788, 796 (7th Cir. 2008). Plaintiff shall file their Amended Complaint instanter. The deadline to take depositions is extended to February 15, 2024. In light of this ruling, Defendants’ Motion to Stay Discovery (Doc. 46) is DENIED as MOOT. Motion for Contempt (Doc. 50) and Motion to Compel (Doc. 51) Defendants unilaterally ceased engaging in discovery during the pendency of Plaintiff’s motion to amend the Complaint of these motions. But Defendants’ belief that it was not appropriate to move forward with discovery until the Court ruled on the motion was not a legitimate basis to disregard their court-ordered discovery obligations. While the Court declines to impose sanctions in this instance, Defendants are ADVISED that failing to comply with the Court’s orders in the future will subject them to appropriate sanctions. Accordingly, Plaintiffs Motion for Contempt (Doc. 50) is DENIED. Defendants are ORDERED to comply with Judge Sison’s Order dated October 24, 2023, (Doc. 44) within 7 days. Likewise, Plaintiffs Motion to Compel (Doc. 51) is GRANTED. Defendants are ORDERED to comply with the following discovery within 14 days: e Produce Chris White for deposition; e Respond to Plaintiff's second set of written discovery requests; e Provide a complete response to Plaintiffs Interrogatory No. 1; and e Produce any outstanding ESI that the parties have agreed would be produced. Finally, Defendants are ORDERED to Produce Rule 30(b)(6) corporate witnesses for deposition within 21 days. IT IS SO ORDERED. DATED: November 17, 2023 Aeows KM Gall STACI M. YANDLE United States District Judge

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