On August 11, 2016, Plaintiffs requested a two-week extension of time, to August 29, to respond to Mr. Shacknai's discovery. The extension was granted. Id. at 3.On August 25, 2016, Plaintiffs requested a second extension of time, to September 15, in which to respond to the discovery. The extension was granted. Id. at ®[ 4.
On September 13, 2016, Plaintiffs requested a third extension of time in which to respond, to September 29. While that extension was also granted, Plaintiffs were also told it had to be the final extension of time because Mr. Shacknai needed Plaintiffs' responses in sufficient time to allow for any follow-up discovery or motions to compel that may be necessary prior to expert discovery. Id.
On September 28, 2016, Plaintiffs requested a fourth extension of time in which to respond, to October 19, 2016, notwithstanding the fact, Plaintiffs knew as of September 13 that the third extension of time was the final extension. As such Plaintiffs' request was denied. Id. at If 6.
Late on the evening of September 29, 2016, Plaintiffs emailed courtesy copies of their discovery responses to all counsel. Those responses contained objections only, with a single exception—plaintiff Pari Z. Zahau responded to Form Interrogatory No. 1.1 and identified that her counsel assisted with the preparation of responses. Id. at If 7. Each of the other plaintiffs served objections only to Form Interrogatory 1.1. Id.
After waiting just over a week to see whether amended response would be forthcoming, on October 7, 2016, counsel for Mr. Shacknai emailed Plaintiffs' counsel asking when substantive responses would be served. Id. at ^f 8. In the hope that a pending conference on the Court's ex parte calendar might spur a prompt response, that email also notified Plaintiffs' counsel (and the other parties) that a reservation has been made for October 20 at 8:45 a.m. Id.
On the afternoon of October 18, Plaintiffs' counsel responded by email. Id. ^f 9. They set forth that they hoped to have “supplemental” responses ready for service “next week”—i.e., the end of the week of October 25. and, for the first time, that they would be unable to attend the October 20 informal discovery conference. Id. Finally, they wrote: “I suggest that we reschedule for the first week of November, as you will hopefully have had time by then to analyze our supplemental responses.” Id. As a courtesy, counsel for Mr. Shacknai called the Court and continued the informal discovery conference to November 2. Id.
On the afternoon of October 31, Plaintiffs' counsel both left a voicemail and sent an email about the discovery responses. Id, ®[ 10. In pertinent part, the email sets forth: “Although we have made good progress, we still have not completed the amended responses to Adam Shacknai's discovery demands. I am hopeful that we can have the responses completed and verified by this coming Tuesday, November 8.”
B. The Second Set of Discovery at Issue
On August 26, 2016, Mr. Shacknai served a set of special interrogatories and requests for production of documents on plaintiffs Pari Z. Zahau, Estate of Rebecca Zahau, and Estate of Robert Zahu. Enns Dec. at ®[ 11. The declaration of necessity for the additional interrogatories was inadvertently left out. Id. On September 14, 2016, by overnight delivery, counsel for Mr. Shacknai served declarations of necessity for the second set of special interrogatories. Id. Plaintiffs responses were due October 17, 2016. Id,Plaintiffs served their responses to both the special interrogatories and requests for production of documents by mail on October 14, 2016. Id, at f 12. Plaintiffs Pari Z. Zahau and Estate of Rebecca Zahau served objections only. Id, Plaintiff Estate of Robert Zahau responded to only half of the 20 interrogatories (not all responses were complete) and only 1 of the 15 document requests. Id, The remainder of Estate of Robert Zahau's responses were objections. Id,
On October 20, 2016, counsel for Mr. Shacknai wrote to Plaintiffs' counsel regarding the deficient responses, asking if Plaintiffs intend to stand on their objection or supplement their responses. Id, at ‘[13. It is unclear whether the most recent promise to serve supplemental responses extends to this set of discovery.