YOUNGBLOOD v. CARDINAL TREATMENT CENTER, (W.D.Ky. 2000)

CHARLES R. SIMPSON III, Chief Judge.

This matter is before the Court on the Motion to Dismiss filed by the Defendant, and the Motion to Extend Discovery Deadlines filed by the Plaintiff. Defendant seeks dismissal of Plaintiff's Complaint on the basis of failure to comply with discovery deadlines. Plaintiff seeks extension of those discovery deadlines. For the reasons that follow, the Motion to Dismiss will be denied, and the Motion to Extend Discovery Deadlines will be granted.

Plaintiff originally filed her Complaint pro se, and proceeded in that manner until November 12, 1999, when retained counsel entered his appearance. On May 26, 1999, a Rule 16 Scheduling Conference was held in this matter, in which Plaintiff participated pro se. An Order setting forth a discovery schedule was entered May 28, 1999. Defendant requests dismissal of Plaintiff's Complaint for failure to comply with that Order. Counsel for Plaintiff admits some delay has occurred in this matter due to Plaintiff's efforts to secure counsel.

Defendant asserts it has been prejudiced by this delay and the noncompliance with the Order setting discovery deadlines because several of the witnesses no longer work for Defendant and their locations are now unknown. Defendant further alleges that memories have faded, compromising its ability to defend against this lawsuit. Plaintiff argues that Defendant indicated in its Initial Disclosures filed May 26, 1999, prior to the Scheduling Order, that some of the witnesses listed had retired and their location was unknown. Therefore, it is not clear to this Court that the prejudice alleged by Defendant is due to any noncompliance with the discovery deadlines in this case. The claim that "memories have faded" is too vague an allegation of prejudice to support a dismissal of Plaintiff's action. Such a drastic measure would require a more specific showing of prejudice to Defendant.

Therefore, IT IS HEREBY ORDERED AND ADJUDGED that the Motion to Dismiss made by the Defendant is DENIED. As the original discovery deadlines have passed while this motion was pending, the Motion for Extension of Discovery Deadlines is GRANTED.

The deadline for motions for joinder of parties or amendment of pleadings is now May 22, 2000. The deadline for submitting reports of expert witnesses is now July 1, 2000, for Plaintiff, and August 1, 2000, for Defendant. The deadline for completion of discovery is August 15, 2000, and the deadline for filing of dispositive motions is September 15, 2000.

IT IS SO ORDERED.