Sucha Sauda, LLC v. Selective Insurance Company of South Carolina

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SUCHA SAUDA LLC, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 4:25 CV 1025 CDP
)
SELECTIVE INSURANCE COMPANY 	)
OF SOUTH CAROLINA, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
Upon careful consideration of defendant’s motion to compel, plaintiff’s
response, and defendant’s brief in reply, I will deny the motion as moot as plaintiff
has now provided the requested discovery. To the extent defendant requests in its
reply brief that I impose sanctions under Federal Rule of Civil Procedure 37 for
plaintiff’s delayed production, I do not address issues raised for the first time in a
reply brief. See Martin v. Bingaman, No. 4:23-CV-1037-RHH, 2025 WL
3687412, at *8 (E.D. Mo. Dec. 19, 2025) (listing cases). Defendant is permitted,
however, to file a separate motion for sanctions under Rule 37(a)(5)(A), with
citation to controlling law on the issue, as well as submission of appropriate billing
records or affidavits that demonstrate the reasonable expenses incurred in making
its motion to compel, including attorney’s fees.
I will also deny plaintiff’s motion to extend discovery deadlines and, by
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operation, the remaining deadlines set out in the Case Management Order. I agree
with defendant that plaintiff has failed to show good cause for its delay in
proceeding with certain discovery until the final days of the six-month discovery
period. I will, however, grant plaintiff to June 15, 2026, to take the deposition of
Lacy McClung, given defendant’s cancelation of the otherwise timely noticed
deposition and the parties’ agreement to reschedule the deposition beyond the
discovery deadline of May 15. In all other respects, the deadlines set out in the
Case Management Order entered November 12, 2025 (ECF 19) remain in full force
and effect.
Accordingly,
IT IS HEREBY ORDERED that defendant Selective Insurance Company
of South Carolina’s Motion to Compel Discovery [44] is DENIED as moot.
IT IS FURTHER ORDERED that plaintiff Sucha Sauda LLC’s Opposed
Motion to Extend Discovery Deadlines [46] is DENIED with one exception:
Plaintiff shall have to and including June 15, 2026, by which to depose Lacy
McClung. In all other respects, the deadlines set out in the Case Management
Order entered November 12, 2025 (ECF 19) remain in full force and effect.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 1st day of June, 2026.
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