Whichard v. Specialty Restaurants Corp.

220 F.R.D. 439, 2004 U.S. Dist. LEXIS 6068, 2004 WL 765036
CourtDistrict Court, D. Maryland
DecidedApril 8, 2004
DocketNo. CIV.A.RWT-03-597
StatusPublished
Cited by3 cases

This text of 220 F.R.D. 439 (Whichard v. Specialty Restaurants Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whichard v. Specialty Restaurants Corp., 220 F.R.D. 439, 2004 U.S. Dist. LEXIS 6068, 2004 WL 765036 (D. Md. 2004).

Opinion

[440]*440 OPINION

TITUS, District Judge.

This is an action in which the Plaintiffs have sued the Defendant, the operator of a nightclub known as the 94th Aero Squadron, for injuries allegedly inflicted upon them by an unknown person. The Plaintiffs describe themselves as paying customers who were lawfully on the premises of the 94th Aero Squadron and who were assaulted by an “unsafe and dangerous person.” Compl. 114. They contend that the Defendant had a duty, which it allegedly breached, to “prevent [sic] individuals from violent assaults” and “eliminate ... patrons who have consumed too much alcohol and/or engage in otherwise dangerous behavior, so as to avoid the assault and/or injuries suffered by” Plaintiffs. Id.

On February 2, 2004, this Court entered an Order granting in part and denying in part the Defendant’s Motion to Strike Plaintiffs’ Witness List and Rule 26(a)(2) Statement. See Paper No. 33. In the Order of February 2, the Court observed that the Plaintiffs had “disregarded their disclosure obligations with respect to experts established under Federal Rules 26(a)(2) and 16, disregarded the Scheduling Order of this Court entered on August 21, 2003,1 and have offered no justification, excuse or ‘excusable neglect’ for their failure to do so. The result has been detrimental to the orderly processes of this Court and prejudicial to the opposing party.”

Unfortunately, the failure of the Plaintiffs to comply with the Federal Rules of Civil Procedure and the local rules of this Court has continued, unabated. On March 15, 2004, the Plaintiffs, without seeking leave of court as required by Federal Rule of Civil Procedure 15, filed an Amended Complaint (Paper No. 35) seeking to add the Maryland-National Capital Park and Planning Commission as a party defendant. On March 24, 2004, the Plaintiffs, apparently realizing their procedural oversight, filed a Motion for Leave to File an Amended Complaint (Paper No. 36). Their Motion cited Federal Rule of Civil Procedure 15, but disregarded entirely the provisions of Local Rule 103.6 of this Court, including the requirements that a clean copy of the proposed Amended Complaint and a copy with amendments highlighted be filed, and without containing the required statement as to whether the consent of the other counsel had been obtained. On the same date, the Plaintiffs filed a Motion for Extension of Time to Complete Discovery (Paper No. 37), arguing that additional discovery was needed as a result of their addition of the Maryland-National Capital Park and Planning Commission as a Defendant. On March 24, 2004, the Defendant filed a Motion to Strike Amended Complaint and for Sanctions (Paper No. 38), and the Plaintiffs filed an Opposition (Paper No. 39), as a result of which all outstanding matters are now ripe for consideration and decision by the Court.

Local Rule 701.1.(a) provides that a member of the bar should be familiar with the Federal Rules of Civil Procedure and the Local Rules. On August 21, 2003, this Court entered a Scheduling Order (Paper No. 14), the contents of which appear not to have been of any significant concern to counsel for the Plaintiffs, whose earlier disregard of requirements with respect to-the disclosure of experts was chronicled in this Court’s Order of February 2, 2004 (Paper No. 33). The Scheduling Order issued on August 21, 2003, specifically required that any motion for the joinder of additional parties or amendment of pleadings be filed on or before October 6, 2003. The Plaintiffs did not do so, nor did they file a motion prior to that date seeking an extension.

Where, as here, a motion for extension of a court-ordered deadline is filed long after the date specified in the Court’s Scheduling Order, the provisions of Rule 6(b)(2) of the Federal Rules of Civil Procedure require a demonstration that the failure to act within [441]*441the time required was the result of “excusable neglect.” In their Motion for Leave to File an Amended Complaint, the Plaintiffs do not even address the “excusable neglect” standard, disregard the provisions of Local Rule 103.6 concerning the amendment of pleadings, and cite only to the language of Rule 15 of the Federal Rules of Civil Procedure stating that “leave shall be freely given when justice so requires.” Paper No. 36,115, p. 2.

In their Opposition to the Defendant’s Motion to Strike Amended Complaint and for Sanctions (Paper No. 39), the Plaintiffs concede that they filed an Amended Complaint “without the required accompanying motion” (H 1), but complain, in H 2, that the Defendant’s counsel “failed to inform the court that Plaintiffs filed the Amended Complaint because defense counsel informed plaintiffs’ counsel at the February 2, 2004, hearing that the Maryland-National Capital Park and Planning Commission may be the owner of the property on which the assault in this case took place.” They go on to note that the Defendant had contended that it does not own the property on which the assault in this case occurred and “refuse to give any information as to why it contends it does not own the property on which this assault occurred.” 2

Denial of ownership of the property was asserted by the Defendant in its Answer served by mail on the Plaintiffs over a year ago on February 28, 2003, and filed with the Clerk of the Circuit Court for Prince George’s County prior to the removal of the matter to this Court and the docketing thereof in this Court on March 4, 2003 (Paper No. 5). The Plaintiffs were on notice, at least as early as March 4, 2003, when all State court pleadings were lodged in this Court, that ownership of the property was denied by the Defendant.

When invoking the jurisdiction of a court, responsible counsel is required to make reasonable inquiry to determine whether a factual basis exists for the contentions contained in a pleading. It is obvious that, in this case, the Plaintiffs’ counsel neither “strained very hard, nor looked very far”in an effort to ascertain the ownership of the property on which the assault in question took place, something that should have been determined before the Complaint was filed. Montgomery County Council v. Leizman, 268 Md. 621, 633, 303 A.2d 374, 380 (1973). Ownership of the property in Maryland is readily ascertainable from an examination of widely-accessible public records, and this member of the Court was able, in less than sixty seconds, to locate on the Internet3 the identity of the owner of the 94th Aero Squadron nightclub located at 5240 Paint Branch Parkway, College Park, Maryland 20740.

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Cite This Page — Counsel Stack

Bluebook (online)
220 F.R.D. 439, 2004 U.S. Dist. LEXIS 6068, 2004 WL 765036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whichard-v-specialty-restaurants-corp-mdd-2004.