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Mapp v. UMG Recordings, Inc.

United States District Court, M.D. Louisiana

August 17, 2017

DESMOND MAPP
v.
UMG RECORDINGS, INC.

          ORDER

          RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE

         Before the Court is Plaintiff's Motion to Compel (R. Doc. 57) filed on July 25, 2017. Plaintiff seeks an order compelling Defendant to respond to interrogatories and requests for production propounded on June 8, 2017.

         Also before the Court is Defendant's Motion for Stay of Discovery Pending Ruling on Motion to Dismiss (R. Doc. 55) filed on July 5, 2017. The motion is opposed. (R. Doc. 60 at 11). Defendant has filed a Reply. (R. Doc. 67).

         I. Background

         Desmond Mapp (“Plaintiff”) initiated this copyright infringement action on September 9, 2015. (R. Doc. 1). Plaintiff filed an Amended Complaint on September 15, 2015. (R. Doc. 2). Plaintiff alleges that he is a record producer, singer, and songwriter who owns a copyright with respect to the sound recording of a musical composition. Plaintiff asserts that UMG Recordings, Inc. (“Defendant”) has infringed on his copyright by manufacturing, distributing, and selling the copyrighted sound recording in physical and streaming formats. Plaintiff seeks damages and injunctive relief for the alleged copyright infringements and violations of the Louisiana Unfair Trade Practices Act.

         On December 4, 2015, the Court issued a Scheduling Order setting, among other things, the deadline to amend the pleadings and adding new parties and/or claims on March 4, 2016; the deadline for the parties to complete non-expert discovery on June 3, 2016; the deadline to complete expert discovery on June 3, 2016; and for trial to commence on May 1, 2017. (R. Doc. 15).

         On February 4, 2016, Defendant filed a motion for stay of discovery (R. Doc. 17) pending resolution of its motion for judgment on the pleadings (R. Doc. 16) filed the same day. The Court denied the motion. (R. Doc. 29).

         On May 27, 2016, Plaintiff filed a motion for extension of the deadlines. (R. Doc. 31). Plaintiff represented that he “propounded interrogatories and requests for production of documents, and consented to an extension to respond to the discovery by February 4, 2016.” (R. Doc. 31 at 1). Defendant ultimately provided discovery responses on April 30, 2016. (R. Doc. 30 at 1). Plaintiff specifically sought leave only for extensions of the deadlines to amend the complaint, disclose the identities and resumes of experts, to submit expert reports, and to complete expert discovery. (R. Doc. 31 at 2-3). The Court required expedited briefing on the motion. (R. Doc. 32).

         On June 17, 2016, the Court granted in part and denied in part Plaintiff's motion for extension of the deadlines. (R. Doc. 34). The Court reset the deadlines related to expert discovery and provided an extension of the deadline to file dispositive motions. (R. Doc. 34 at 2). The Court specifically stated that it did not “find good cause for reopening the deadline for amending the pleadings.” (R. Doc. 34 at 4). As Plaintiff did not seek an extension of the deadline to complete non-expert discovery, much less establish good cause for such an extension, and the Defendants opposed any such extension (R. Doc. 33), the Court did not extend the deadline to complete non-expert discovery. Accordingly, non-expert discovery closed and the deadline to file any discovery related motions occurred on June 3, 2016.

         On July 27, 2016, Plaintiff filed another Motion for Extension of the deadlines, seeking an order staying all remaining deadlines until the district judge had ruled on a Defendant's pending motion for judgment on the pleadings (R. Doc. 16) filed on February 4, 2016. (R. Doc. 37).

         On August 5, 2016, after conferring with the district judge, the undersigned found “good cause to stay all remaining deadlines in this action, including the trial date.” (R. Doc. 38 at 2). The undersigned specifically stated that it was “not making a finding that there is good cause to re-instate any deadlines that expired prior to the filing” of Plaintiff's July 27, 2016 motion to extend the deadlines. (R. Doc. 38 at 2). The expired deadlines included the deadline to complete non-expert discovery (expired on June 3, 2016); the deadline for Plaintiff to disclose experts (expired on June 30, 2016); and the deadline for Defendant to disclose experts (expired on July 14, 2016). The undersigned further ordered the parties to “contact the undersigned within 7 days of resolution of Defendant's Motion, so that the Court may take appropriate action.” (R. Doc. 38 at 3).

         On September 21, 2016, the district judge granted Defendant's Motion for Judgment on the Pleadings, dismissing all federal claims with prejudice and all state claims without prejudice. (R. Doc. 44).

         Plaintiff subsequently filed a Motion to Alter or Amend Judgment. (R. Doc. 45).

         On May 3, 2017, the district judge granted Plaintiff's Motion to Alter or Amend Judgment. (R. Doc. 48). The district judge vacated the ruling dismissing Plaintiff's state law claims, and granted Plaintiff 30 days to amend his Complaint to properly allege diversity jurisdiction under 28 U.S.C. § 1332. (R. Doc. 48 at 15). ...


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