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Gramercy Group, Inc. v. D.A. Builders, LLC

United States District Court, D. Hawaii

October 22, 2018

GRAMERCY GROUP, INC., Plaintiff,
v.
D.A. BUILDERS, LLC aka D.A. BUILDERS; DAVID A. ALCOS III; JOHN DOES 1-20; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; OTHER ENTITIES 1-10, Defendants.

         ORDER (1) DENYING PLAINTIFF'S MOTION TO AMEND THE DEADLINE TO FILE MOTIONS IN LIMINE AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO AMEND THE SIXTH AMENDED RULE 16 SCHEDULING ORDER TO PERMIT THE FILING OF THREE ADDITIONAL MOTIONS IN LIMINE

          Jill A. Otake United States District Judge.

         I. INTRODUCTION

         Plaintiff Gramercy Group Inc. (“Plaintiff”) and Defendants D.A. Builders, LLC and David A. Alcos III (collectively “Defendants”) both request leave to amend the motions in limine deadline set forth in the Sixth Amended Rule 16 Scheduling Order filed on June 15, 2018. The Court elects to decide this matter without a hearing pursuant to Rule 7.2(d) of the Local Rules of Practice for the U.S. District Court for the District of Hawaii. After careful consideration of the parties' submissions, the record, and the applicable law, the Court DENIES Plaintiff's Motion and GRANTS IN PART AND DENIES IN PART Defendants' Motion for the reasons set forth below.

         II. BACKGROUND

         As the Court and the parties are familiar with the extensive history in this case, it need not be recounted here.

         On November 9, 2017, the Court issued a Fourth Amended Rule 16 Scheduling Order, which established February 20, 2018, as the deadline to file motions in limine. Doc. No. 177. In the subsequently issued Fifth and Sixth Amended Rule 16 Scheduling Orders, the motions in limine deadline was closed.

         The parties filed motions in limine pursuant to the February 20, 2018 deadline. On March 5, 2018, Chief Judge Seabright issued an Entering Order (“EO”) terming all motions in limine pending the scheduling of a new trial date and instructing the parties to file notices of reinstatement of the motions.

         On August 27, 2018, Judge Chang issued an Order Denying Plaintiff's Motion to Amend the Sixth Amended Scheduling Order [Dkt. 306] to Permit the Filing of a Non-Dispositive Motion. Doc. No. 322. Judge Chang determined that “[a]llowing Plaintiff to file a motion to amend the scheduling order for the purpose of reopening discovery and extending the deadline to file additional motions in limine at this late date will disrupt the timely and orderly administration of this case.” Id. at 4. He also noted that the “continuance of the March 13, 2018 trial date was due to the pendency of motions for summary judgment and Chief Judge Seabright's schedule, not to allow continued motions practice and litigation.” Id. at n.2.

         At the October 15, 2018 status conference, the parties requested, and this Court authorized, the filing of motions for leave to file additional motions in limine. Doc. No. 369.

         On October 16, 2018, Plaintiff filed a Motion to Amend the Deadline to File Motions in Limine, Doc. No. 380, and Defendants filed a Motion to Amend the Sixth Amended Rule 16 Scheduling Order to Permit the Filing of Three Additional Motions in Limine, Doc. No. 379, both of which are the subject of this Order.

         On October 18, 2018, the Court issued a Seventh Amended Rule 16 Scheduling Order to reflect the new December 3, 2018 trial date and reset all trial-related deadlines in accordance with said trial date. Doc. No. 390.

         II. DISCUSSION

         Plaintiff seeks leave to file a motion in limine to exclude the testimony of Paul Versage and a motion in limine to exclude witnesses with no personal knowledge.[1] Defendants wish to file a motion in limine to exclude Plaintiff's untimely October 8, 2018 production; a motion in limine to exclude untimely substitutions and additions to its previously identified and produced trial ...


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