Pimentel & Sons Guitar Makers, Inc. v. Pimentel

229 F.R.D. 204, 2005 U.S. Dist. LEXIS 13951, 2005 WL 1633706
Procedural entryThis page is a short order in Pimentel & Sons Guitar Makers, Inc. v. Pimentel. Read the opinion of the Court — 229 F.R.D. 201
District Court, D. New Mexico·Decided January 26, 2005·No. No. CIV-04-0360JBRLP·Published

Opinion

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion to Extend the Scheduling Deadlines, filed January 20, 2005 (Doc. 54). The issue is whether the Court should grant a second extension of all the remaining pretrial deadlines. Because the Defendants have shown good and valid reasons not to extend the deadlines again, the Court will deny the motion to extend the scheduling deadlines.

PROCEDURAL BACKGROUND

Defendants Danette I.L. Pimentel and Danette I. Lovato-Pimentel Music Enterprises, Inc. (“Danette Pimentel”) filed then-counterclaims on May 7, 2004. While rule 26(a)(1)(D) requires a party in its initial disclosures to produce for inspection and copying any insurance policy which may be used to satisfy any part of a claim, Plaintiff Pimentel & Sons Guitar Makers, Inc. (“Pimentel Guitar Makers”) did not. As far as the Court knows, the possibility of insurance and new counsel were unknown to the Defendants until January 13, 2005. See Amendment to Plaintiffs Initial Disclosures Pursuant to Fed.R.Civ.P. 26(a)(1) at 1 (served January 10, 2005)(Doc. 60); Certificate of Service, filed January 10, 2005 (Doc. 60); Letter from Dennis F. Armijo to Jerry A. Walz and Kevin L. Wildenstein (dated January 10, 2005)(Doc. 60).

The parties have been able to conduct discovery since the Court held a rule 16 scheduling conference on July 1, 2004. The Court has already extended the deadlines once. See Order, filed September 13, 2004 (Doc. 24). Under the current scheduling deadlines, discovery ends on February 6, 2005. See id. The deadline for filing motions is March 8, 2005, and trial is set to begin on June 6,2005.

The parties have conducted little discovery. The parties have only recently propounded and responded to interrogatories and requests for production. Danette Pimentel has sent out two discovery requests, and Pimentel Guitar Makers has sent out one discovery request.

The Defendants have objected to numerous discovery responses, allegedly because Pimentel Guitar Makers did not produce all of the responsive documents. Since then, and after defense counsel’s efforts, Pimentel Guitar Makers produced a few documents. See Letter from Kevin Lynn Wildenstein to Dennis F. Armijo and Robert M. Doughty, III, at 1-3 (January 16, 2005)(Doc. 54). Danette Pimentel, through two discovery requests, are still waiting for responsive documents from Pimentel Guitar Makers.

The Defendants responded to Pimentel Guitar Makers’ discovery requests on January 18, 2005. See Co-Defendants Danette Pimentel and Danette Lovato-Pimentel Music Enterprises Answers to Plaintiffs First Set of Interrogatories (served January 18, 2005)(Doc. 54). That date was after the date Pimentel Guitar Makers was to produce responsive documents, but did not do so. Pi[206]*206mentel Guitar Makers did not produce any documents by that date because it responded to discovery by stating that documents would be ready for inspection and copying at its counsel’s office, which necessitated a letter from Danette Pimentel’s counsel. See Letter from Kevin Lynn Wildenstein to Dennis F. Armijo and Robert M. Doughty, III (January 16, 2005)(Doc. 54). The parties are currently attempting to amicably resolve these discovery disputes.

The parties have not taken any depositions. In addition to depositions of the two individual Defendants, Pimentel Guitar Makers wants to take the depositions of Mel Bay in Missouri and Hector Garcia in Florida. Danette Pimentel’s counsel confirmed a specific date that Pimentel Guitar Makers requested for Danette Pimentel on January 21, 2005, but Pimentel Guitar Makers did not send out a response setting the deposition. See E-mail transmission from Kevin Wildenstein to Elaine Bryan, Jerry Walz, Dennis F. Armijo (dated December 2, 2004)(Doc. 60). Apparently, this proposed date coincided with the Court’s January 21, 2002 hearing, although Danette Pimentel’s counsel sent out the e-mail on December 2, 2004, before the Court set the January 21, 2005 hearing. See Notice of Continuation of Motion Hearing, filed December 23, 2004 (Doc. 42). Hence, although the parties have attempted to schedule the depositions of Defendants Hector Pimentel and Danette Pimentel, they have been unable to find dates when all parties are available.

Pimentel Guitar Makers recently retained Hatch, Allen & Shepherd, P.A. to defend it against the counterclaim that the Defendants have filed. The Hatch law firm entered its appearance on behalf of Pimentel Guitar Makers on January 13, 2005. See Entry of Appearance, filed January 13, 2005 (Doc. 49); Letter from Robert M. Doughty, III to Jerry A. Walz and Kevin L. Wildenstein (dated January 13, 2005)(Doc. 60). Pimentel Guitar Makers waited to notify the Defendants of the existence of an insurance policy until January 13, 2005, over eight months after Danette Pimentel filed her counterclaims.

Pimentel Guitar Makers’ new counsel sent a letter to the Defendants’ attorneys requesting dates for four depositions: Hector Pimentel, Danette Pimentel-Lovato, Hector Garcia, and Mel Bay. See Letter from Robert M. Doughty, III to Jerry A. Walz and Kevin L. Wildenstein at 1 (January 14, 2005)(Doc. 54). Pimentel Guitar Makers’ new counsel states that it “will make every effort to attempt to set the depositions before the February 6, 2005 deadline; however, this may be impossible.” Id. at 1-2. The letter also requested concurrence in the extension of the scheduling deadlines “[d]ue to the fact that my firm was recently involved____” Id. at 1. In Pimentel Guitar Makers’ motion, Pimentel Guitar Makers does not allege that it contacted Mr. Jerry Walz, counsel for Defendant Hector Pimentel, to see if he opposes the motion.

Danette Pimentel’s counsel, Kevin Wildenstein, promptly responded and stated that he would not agree with an extension of the scheduling deadlines. See Letter from Kevin Lynn Wildenstein to Dennis F. Armijo and Robert M. Doughty, III at 3 (dated January 16, 2005)(Doc. 54). Mr. Wildenstein stated: “[W]e believe it is too late in the proceeding for another extension of the deadlines.” Id. Wildenstein also stated:

With due respect, the Pimentel Co-defendants do not concur to an extension for a number of reasons. For example, the Pimentel Co-defendants’ counterclaims were filed on May 7, 2004. Presumably, insurance coverage existed on this date as well, so that Mr. Doughty could have entered his appearance shortly thereafter. As such, we believe it is too late in the proceeding for another extension of deadlines. Moreover, we are concerned that since the Court has already extended the deadlines once, it may not do so again, especially in light of a May trial date.

Id.

Despite Mr. Wildenstein’s statement in his letter that it is too late for another extension of deadlines, his clients’ recent Answers to Plaintiffs First Set of Interrogatories state that “discovery has only begun in this case.” Co-Defendants Danette Pimentel and Danette Lovato Pimentel Music Enterprises’ Answers to Plaintiffs First Set of Interrogatories, Response to Plaintiffs Interrogatory [207]*207No. 3, at 3 (dated January 18, 2005)(Doc.54). Interrogatory No. 3 asked: “For each and every count of the complaint which you denied, please state with specificity the reasons for such denial.” Id.

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Pimentel & Sons Guitar Makers, Inc. v. Pimentel, 229 F.R.D. 204, 2005 U.S. Dist. LEXIS 13951, 2005 WL 1633706 (D.N.M. 2005).

229 F.R.D. 204 (Pimentel & Sons Guitar Makers, Inc. v. Pimentel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.