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Carretta v. May Trucking Co.

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


November 10, 2010

TERESA CARRETTA, ET AL., PLAINTIFFS,
v.
MAY TRUCKING CO., DEFENDANT.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is defendant May Trucking Company's motion seeking to reopen discovery. (Doc. 77.) Defendant argues that, during the recent deposition of James Carretta, defendant first learned the identities of two of the decedent's employers, and therefore further discovery is needed to investigate the wage loss at issue in this case. The plaintiffs object to reopening discovery, countering that the defendant knew of the two employers at least as early as June 17, 2010, and noting that the Court has denied previous requests to reopen discovery. (Doc. 78; Doc. 78-2, p. 9.)

As the parties have been told many times before, the Court's trial calendar can only accommodate changing the trial setting in the rarest and most extraordinary circumstances, which are not evident in this situation. Trial is set to commence December 13, 2010.*fn1 The Court has also repeatedly warned that no further extensions would be granted. The plaintiffs' documentary evidence confirms that the two employers defendant contends it just learned about were disclosed in June, when there was time to conduct discovery regarding the claimed wage loss.

IT IS THEREFORE ORDERED that the defendant's motion to reopen discovery (Doc. 77) is DENIED.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE


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