(1) Do you generally permit extensions of the tracking order when the parties jointly request an extension?
If so, under what circumstances do you not permit an agreed upon extension of a tracking order?
General
Salinger, J.: I will generally allow requests to modify a tracking order where the parties have a good reason for seeking the change, the revision seems reasonable, and it will not require any change in a trial date. It is always easier for me to allow a joint request than one that is bitterly opposed.
Krupp, J.: I try to set an initial schedule that will not require an extension. I will grant extensions for good cause. I am less inclined to grant an extension that appears to be based on a lack of diligence by a party or counsel.
Once trial dates are set in the BLS, the time is held for the particular case and, at least close to trial, it is difficult to find another case that can be slotted in for trial. I rarely allow motions to reschedule trials, particularly when they are filed close to the trial date. I will only continue a trial for very good cause.
Kazanjian, J.: I will generally allow joint motions for extensions of tracking orders with a showing of good cause but there must be a specific reason stated in the motion that warrants the extension.
Ricciuti, J.: I will often reject requests, even joint requests, that follow closely on the heels of a prior request, especially if it recites the same reasons. I will allow properly-grounded joint requests, and if in doubt, will hold a hearing.
(2) Do you generally grant permission to parties to serve in excess of thirty interrogatories? If not, under what circumstances do you grant permission?
Salinger, J.: I do not recall anyone ever asking for more than thirty interrogatories. And I’m not sure why doing so would ever be a good idea.
Krupp, J.: Only if a good reason is shown.
Kazanjian, J.: I suppose I might allow such a motion but only in very rare circumstances.
Ricciuti, J.: Generally no, but I will hear a party who asks.
| Date published: | April 1, 2022 |
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