TIM A. BAKER, Magistrate Judge.
Before the Court is Plaintiffs' motion to reopen discovery. Plaintiffs seek to reopen discovery of an allegedly fraudulent mortgage issued the day before the case was removed to federal court. Plaintiffs' motion also seeks to compel the deposition of Keith Sharp and a Rule 30(b)(6) representative of Defendant Guardian Brokers LTD, Inc. Plaintiffs argue that the only possible purpose for the creation of this mortgage is bolstering Guardian Brokers' claims and defenses in this action. [
Plaintiffs argue that discovery should be reopened to allow depositions of Sharp and a Rule 30(b)(6) representative of Guardian Brokers. Under Federal Rule of Civil Procedure 16(b)(4), "a schedule may be modified only for good cause and with the judge's consent." Moreover, a motion that is made after the deadline has expired may only be granted if the moving party failed to act because of excusable neglect. Fed. R. Civ. P. 6(b)(1). Plaintiffs assert that both good cause and excusable neglect exist due to the newly discovered evidence that National Bank of Commerce did not prepare, file, or know anything about the mortgage, despite the fact that is was purportedly issued to National Bank of Commerce by Guardian Brokers. [
Likewise, the Court denies Plaintiffs' alternative motion to issue an order to show cause why Guardian Brokers should not be held in direct contempt of court. [
By denying Plaintiffs' request to reopen discovery for depositions, the Court is not suggesting that Plaintiffs' motion is wholly without merit. Plaintiffs' request is understandable, if largely unsuccessful. Although the allegedly fraudulent mortgage does not justify allowing an untimely deposition, the Court will not completely foreclose Plaintiffs' inquiry. The Court will permit Plaintiffs to serve two interrogatories on Defendant Guardian Brokers and two interrogatories on Defendant National Bank of Commerce regarding the allegedly fraudulent mortgage. If Plaintiffs still believe that a deposition regarding the mortgage is needed after the interrogatories have been answered and the Court has ruled on the cross motions for summary judgment, the Court would consider setting a hearing on the matter.
Finally, it bears noting that Guardian Brokers stated that Plaintiffs' motion is "either an attempt to run up the tab after the fact, an attempt to cloud the issues already presented and pending, or an attempt simply to further delay this matter." [
For the foregoing reasons, Plaintiffs' motion to reopen discovery [