Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bingham v. Jefferson County

United States District Court, D. Idaho

February 25, 2017

CASEY BINGHAM Plaintiff,
v.
JEFFERSON COUNTY; and JEFFERSON COUNTY PUBLIC WORKS DEPARTMENT, Defendants.

          MEMORANDUM DECISION AND ORDER RE: MOTION TO EXTEND DISCOVERY DEADLINE (Docket No. 13) Plaintiff's RULE 56(d) MOTION (Docket No. 15) MOTION TO STRIKE PORTIONS OF THE DECLARATION OF COUNSEL (Docket No. 18)

          Ronald E. Bush, Chief U.S. Magistrate Judge

         Now pending before the Court are: (1) Plaintiff's Motion to Extend Discovery Deadline (Docket No. 13); (2) Plaintiff's Rule 56(d) Motion (Docket No. 15); and (3) Defendants' Motion to Strike Portions of the Declaration of Counsel (Docket No. 18). Having carefully considered the record and otherwise being fully advised, the undersigned enters the following Memorandum Decision and Order:

         I. BACKGROUND

         The factual backdrop is largely reflected in the parties' understood correspondence concerning the underlying issue - scheduling the depositions of Emily Kramer and Paul Snarr after the June 1, 2016 factual discovery deadline. The relevant facts include:

         1. The factual discovery deadline is June 1, 2016. See CMO, p. 1 (Docket No. 10).

         2. On December 15, 2015, Plaintiff's counsel, Kevin Dinius, sent a letter to Defendants' counsel, Blake Hall, listing certain individuals he intended to depose, including Ms. Kramer and Mr. Snarr. See Ex. A to Dinius Decl. (Docket No. 13, Att. 2). Mr. Dinius indicated that he wanted “to schedule the depositions the last week of January 2016.” Id.

         3. On December 16, 2015, Mr. Hall responded, advising that Ms. Kramer and Mr. Snarr were no longer employees of Jefferson County (and that Mr. Snarr now resided in Nebraska), but that he would (1) attempt to contact Ms. Kramer regarding her availability and an address for service, and (2) attempt to find a current address for Mr. Snarr. See Ex. B to Dinius Decl. (Docket No. 13, Att. 3).

         4. On January 6, 2016, Mr. Dinius sent a letter to Mr. Hall, indicating, among other things, that he was “interested in the location of Emily Kramer and Paul Snarr for the scheduling of their depositions . . . .” Ex. C to Dinius Decl. (Docket No. 13, Att. 4). Though Mr. Hall responded to this letter on January 7, 2017 (Mr. Dinius claims he received no response (see Dinius Decl., ¶ 7 (Docket No. 13, Att. 1)), there was no references to Ms. Kramer and Mr. Snarr or their possible depositions. See Ex. A to Hall Aff. (Docket No. 16, Att. 1).

         5. On February 2, 2016, Mr. Dinius sent a letter to Mr. Hall, noting that he would like to take Ms. Kramer's and Mr. Snarr's deposition, and likewise asking for their (and counsel's) availability. See Ex. D to Dinius Decl. (Docket No. 13, Att. 5).

         6. On February 3, 2016, Mr. Hall responded, stating again that Ms. Kramer and Mr. Snarr are no longer employees of Jefferson County and that each will need to be served with subpoenas for their depositions. See Ex. E to Dinius Decl. (Docket No. 13, Att. 6). Mr. Hall additionally provided Ms. Kramer's last known address (in Rigby, Idaho); relayed his understanding that Mr. Snarr works in Nebraska “but does maintain a home in Idaho and is home periodically”; and provided Mr. Snarr's last known Idaho address (in Ammon, Idaho). See id. Mr. Hall finally provided various deposition dates during the month of March. See id.

         7. On February 8, 2016, Mr. Hall sent a letter to Mr. Dinius, claiming that he has been in contact with Ms. Kramer, but that she “works out of state.” Ex. F to Dinius Decl. (Docket No. 13, Att. 7). However, Mr. Hall said that Ms. Kramer would be back in Idaho the first week of April if Mr. Dinius wanted to conduct her deposition at that time; she also would be available in Jacksonville, Florida on March 22, 23, 24, 25, or 28, if Mr. Dinius wanted to conduct her deposition there. See id.

         8. On February 25, 2016, Mr. Dinius noticed Ms. Kramer's deposition for April 8, 2016 at Mr. Hall's Idaho Falls office. See Ex. G to Dinius Decl. (Docket No. 13, Att. 8).

         9. On March 7, 2016, Mr. Dinius's office (through paralegal Cindy Mackey) sent a letter to Mr. Snarr at his Idaho address, indicating that Plaintiff's counsel wanted to take his deposition “in the next month if possible, ” understanding that he had a residence in Idaho but worked in Nebraska. Ex. H to Dinius Decl. (Docket No. 13, Att. 9). Ms. Mackey then requested that Mr. Snarr “let us know what dates you are available during the month of March here in Idaho and what dates you might be available in Nebraska[.]” Id.

         10. On March 8, 2016, Mr. Hall sent a letter to Mr. Dinius, claiming to have been in contact with Mr. Snarr (who, according to Mr. Hall, “is currently residing in Scottsbluff, Nebraska”), noting, again, that Mr. Snarr is not a Jefferson County employee and, thus, would have to be subpoenaed in order for him to appear at his deposition. See Ex. I to Dinius Decl. (Docket No. 13, Att. 10). Mr. Hall stated that Mr. Snarr ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.