Opinion
Case No. C05-1466L.
January 23, 2006
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO DISCOVERY
This matter comes before the Court on a motion filed by defendant Homecomings Financial Network, Inc. ("Homecomings") for a thirty day extension of time to respond to plaintiff's pending discovery requests. (Dkt. #15). Homecomings argues that an extension is needed because of the scope of the discovery requests, the intervening holidays, and the resulting unavailability of Homecomings' personnel.
Plaintiff objects to the extension for two primary reasons. First, she argues that she offered Homecomings a reasonable extension but her offer was rejected. Plaintiff's counsel agreed to a thirty day extension for responses, but would allow only a two week extension for Homecomings' objections. Second, plaintiff argues that she must file her motion for class certification by March 24, 2006. She argues that if Homecomings has until January 30, 2006 to make objections to her discovery requests, it would be impossible for her to meet the certification motion filing deadline. Plaintiff, however, would have approximately seven weeks after receiving the responses to prepare her certification motion.
The Court finds that Homecomings has shown good cause for a thirty day extension to provide its answers and objections to plaintiff's discovery requests, and its motion is GRANTED.
Finally, plaintiff urges the Court to find that Homecomings waived its objections by failing to provide them within thirty days of receiving the discovery requests. During that time, however, Homecomings was diligently seeking an extension, then promptly moved for one after plaintiff refused to agree. Accordingly, the Court finds that Homecomings did not waive its objections to plaintiff's discovery requests.