Sinclair et al v. Fox Hollow, et al

Filing 755

ORDER GRANTING, in part, defendants' Ex Parte Requests for Extension of Time, documents 753 and 754 . Defendants shall produce ALL RESPONSES to discovery no later than Wednesday, 9/7/2011. Defendants are FURTHER ORDERED to begin producing responses that are ready for production immediately; order signed by Magistrate Judge Dennis L. Beck on 9/1/2011. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FOX HOLLOW OF TURLOCK
OWNERS’ASSOCIATION, et al.,

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Plaintiffs,
v.
RICHARD SINCLAIR, et al.,

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Defendants.

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1:03cv5439 OWW DLB
ORDER GRANTING DEFENDANTS’ EX
PARTE REQUESTS FOR EXTENSIONS OF
TIME IN PART
(Documents 753 and 754)

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On August 29, 2011, Defendant Richard Sinclair filed an Ex Parte Request to extend the

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August 30, 2011, discovery deadline. On August 30, 2011, Defendant Brandon Sinclair filed a

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similar request.

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The discovery at issue was first ordered by this Court on June 3, 2011. Rather than

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produce documents, Defendants filed a motion to reconsider the Court’s decision. On August 8,

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2011, the Court denied Defendants’ motion and ordered compliance with the June 3, 2011, order

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by August 30, 2011.

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Defendants now seek to extend their time once again. Defendant Richard Sinclair

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requests an extension to September 8, 2011, due to his status as a sole practitioner and the

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amount of discovery involved. Defendant Brandon Sinclair seeks an extension to September 15,

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2011, due to his status as a non-attorney, the amount of discovery involved, and his desire to

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have his father, Richard, review his responses prior to submitting them to Plaintiffs.
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Defendants have failed to show good cause to warrant the requested extensions.

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Although they suggest that the extension will not prejudice Plaintiffs because the hearing on the

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motion to dismiss is not until September 26, 2011, Defendants fail to recognize that

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supplemental briefing for the motion is due by September 12, 2011. Defendants’ responses to

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discovery are undoubtedly necessary for Plaintiffs’ preparation of the briefing.

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Therefore, in light of the upcoming briefing deadline of September 12, 2011, and the

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September 26, 2011, hearing, Defendants SHALL produce ALL RESPONSES to discovery no

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later than Wednesday, September 7, 2011. Defendants are FURTHER ORDERED to begin

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producing responses that are ready for production immediately.

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No further extensions will be granted.

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IT IS SO ORDERED.
Dated:
3b142a

September 1, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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