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Callier Skates: Repeat Litigator Bailed Out on Discovery Responses By Defendant’s Blown Deadline
Wednesday, January 31, 2024

So there’s been so much going on in TCPAWorld in January so far that I really haven’t been able to cover some of the basic TCPA stories happening around the nation. Will try to catch up the next couple of days.

First, a quick one–and a good reminder that local rules matter.

So Brandon Callier sued something called Jascot Enterprises for TCPA violations.

The case is getting close to trial so Jascot moved to compel Callier to respond to some interrogatories he had apparently not given satisfactory answers to.

One little problem, however. Jascot’s counsel blew the deadline to file the motion under local rule.

As the Court explained it– The Local Rules of the Western District of Texas state that “[a]bsent exceptional circumstances, no motions relating to discovery, including motions under Rules 26(c), 29, and 37, shall be filed after the expiration of the discovery deadline, unless they are filed within 14 days after the discovery deadline and pertain to conduct occurring during the final 7 days of discovery.” W.D. Tex. Civ. R. 16(e) (emphasis added). 

The motion was filed within the fourteen day window but the interrogatories had been responded to prior to seven days of close of discovery so–motion DENIED.

Decision is Callier v. Jascot Enterprises, LLC 2024 WL 315007 (W.D. Tex. Jan. 26, 2024).

It may seem rough that a repeat litigator like Callier was bailed out on a technicality–but the practice of law is all about technicalities!

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