Market Lofts Community Association v. National Union Fire Company of Pittsburgh, Pa.

Filing 46

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Motion Should Not Be Denied as Untimely. plaintiff is hereby ordered to show cause, on or before February 26, 2016, why the Motion to Compel should not be denied as untimely. If plaintiff withdraws the motion on or before February 26, 2016, the order to show cause will be discharged (SEE ORDER FOR DETAILS). (kca)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-3093-RGK (SPx)

Title

Market Lofts Community Association v. National Union Fire Insurance Company of
Pittsburgh, PA

Present: The Honorable

Date

February 19, 2016

Sheri Pym, United States Magistrate Judge

Kimberly Carter

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Motion Should Not Be Denied
as Untimely

On February 16, 2016, plaintiff filed a Motion to Compel, accompanied by a joint
stipulation as required by Local Rule 37-2. Under Local Rule 37-3, the hearing on the
motion may be noticed for not earlier than 21 days after the filing of the motion.
Plaintiff here noticed the motion for March 8, 2016, exactly 21 days after its filing in
compliance with the local rules.
However, as noted in the Motion to Compel, the discovery cut-off in this case is
March 2, 2016. And under the September 14, 2015 Order for Jury Trial in this case, any
discovery motion must be timely filed and calendared for hearing “sufficiently in
advance of the discovery cut-off date to permit the responses to be obtained before that
date, if the motion is granted.” Thus, with a March 8, 2016 hearing date – six days after
the discovery cut-off – the motion is untimely.
Accordingly, plaintiff is hereby ordered to show cause, on or before February 26,
2016, why the Motion to Compel should not be denied as untimely. If plaintiff
withdraws the motion on or before February 26, 2016, the order to show cause will be
discharged.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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