United States District Court, D. Idaho
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)
E. Bush, Chief U.S. Magistrate Judge
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:
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:
factual discovery deadline is June 1, 2016. See CMO,
p. 1 (Docket No. 10).
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
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).
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).
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).
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.
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.
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,
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
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 ...