![]() Stage Front’s counsel explained that he had been “recently contacted” by Defendants and that Defendants stated they would be serving a deposition subpoena. 253, Exhibit B.On September 27, Stage Front emailed both Plaintiff and Defendants. Plaintiff further stated that, under the Federal Rules of Civil Procedure, Defendants could independently serve a subpoena on Stage Front. Plaintiff updated Defendants on the status of the subpoena. In an email exchange, Defendants indicated that they wanted to participate in discussions regarding the scope of document production and the timing of a deposition. at 6-7.On September 26, Defendants asked Plaintiff for an update regarding the Stage Front discovery. The parties engaged in further discussions on September 18, and Plaintiff emailed Stage Front with a proposal to resolve their remaining disputes on September 21. Indeed, on the same day that Plaintiff received Stage Front’s objections, Plaintiff spoke with Stage Front in an effort to resolve their disputes. Plaintiff responded promptly and appears to have engaged in good faith negotiations. On September 4, 2018, Plaintiff served a subpoena on Stage Front, and Stage Front filed its objections on September 12. Stage Front’s “autopricer technology” may be relevant to the claims and defenses in this litigation. Because Defendants have not demonstrated good cause to reopen discovery, their request is DENIED.BACKGROUNDStage Front is a Maryland corporation engaged in the ticket brokerage business. To prevent undue prejudice, Defendants request leave to obtain de bene esse testimony from Stage Front, or alternatively, to extend the discovery period so that Defendants can depose Stage Front. Defendants state that Stage Front will provide relevant testimony favorable to their defenses at trial. 1 Defendants argue that Plaintiff “slow-walked” its negotiations with Stage Front past the close of fact discovery, thereby preventing Defendants from conducting a deposition. Defendants contend that they secured from Plaintiff an “express agreement that would proceed under subpoena.” ECF No. The parties’ dispute arises from this subpoena. On September 4, 2018, Plaintiff served a subpoena on Stage Front, a non-party to this litigation. ![]() OPINION & ORDER Counsel for the parties in this case have consistently engaged in litigation tactics that “unreasonably and vexatiously” multiply the proceedings in this case.
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