New Jersey Appellate Division Holds Counsel’s Failure to Pursue Discovery in a Timely Manner Will Not Warrant Reopening Discovery

The New Jersey Appellate Division found no exceptional circumstances to warrant reopening and extending discovery when the failure to timely complete discovery was attributable to a party’s counsel. 

When the discovery end date had passed and the defendants filed a motion for summary judgment based on the plaintiff’s failure to provide expert reports, the court granted the motion over the plaintiff’s cross-motion to extend discovery, based on the plaintiff’s failure to establish exceptional circumstances. Despite both parties’ counsel contributing to the delay in completing discovery, the court noted it is a plaintiff’s burden to litigate their claims and pursue discovery through motion practice, if necessary.

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