William P. Mara, Jr. et al. v. Karen Otto (2009)

RULING ON DEFENDANT'S MOTION TO REARGUE (# 160)

Upon further review of the file in response to the Motion to Reargue the court has discovered that simultaneously with the filing of the Motion For Authorization To Obtain Protected Health Information the Plaintiffs filed a Motion to Modify Scheduling Order in which they sought additional time to complete discovery.   On September 28, 2009 the court (Adams, J.), denied the Motion To Modify.   Since the Motion For Authorization seeks document discovery beyond the September 11, 2009 date agreed to by the parties and ordered by the court for the completion of document discovery, this court's order of October 5, 2009 was a nullity.   Accordingly, the Motion To Reargue is granted and the Motion For Authorization (# 146) is now denied.

Mottolese, J.T.R.

Mottolese, A. William, J.T.R.