Getting Cute with a Discovery Deadline

I’ve previously posted about how to handle requests for production in a deposition notice.  It came up again in Messina v. Singh where “the document requests at issue in this case were served on Defendant on August 25, 2017, and instructed that production was to be made by September 7, 2017,” which was the deposition date.[1]  Reading between the lines, my guess is there was a discovery deadline that a party was trying to avoid.  It didn’t work.  The document requests provided less than 30 days to respond, so they “provided insufficient time to respond and are therefore improper.”

Although not addressed in the order, I suspect the deposition could go forward in this instance, but the opposing party could not be forced to respond to the requests for production any sooner.

[1] No. 2:17-cv-1077, 2017 U.S. Dist. LEXIS 144812 (D. Nev. Sep. 7, 2017).