Wilson v. Conair Corporation

Filing 70

ORDER signed by Senior Judge William B. Shubb on 9/15/2015 DENYING 63 Motion for Reconsideration. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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DELIA WILSON, on Behalf of
Herself and All Others
Similarly Situated,

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v.

CIV. NO. 1:14-00894 WBS SAB
ORDER

Plaintiff,

CONAIR CORPORATION,
Defendant.
----oo0oo---On August 17, 2015, Magistrate Judge Boone denied

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plaintiff’s motion to compel production of numerous curling irons

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in defendant’s possession for destructive testing.

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explained that, because the testing addresses the merits of the

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action and not class certification, defendant should not be

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compelled to produce the curling irons unless and until plaintiff

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prevails on her motion for class certification.

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2015 Order at 6:4-7:2); see also Del Campo v. Kennedy, 236 F.R.D.

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454, 459 (N.D. Cal. 2006) (“Prior to certification of a class

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action, discovery is generally limited and in the discretion of
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Judge Boone

(See Aug. 17,

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the court.”).

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In seeking reconsideration of Judge Boone’s Order,

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plaintiff must show that his decision was “clearly erroneous or

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contrary to law.”

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decision not “clearly erroneous,” it makes a lot of sense.

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E.D. Local R. 303(f).

Not only is the

IT IS THEREFORE ORDERED that plaintiff’s motion for

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reconsideration of the August 17, 2015 Order denying her motion

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to compel be, and the same hereby is, DENIED.

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Dated:

September 15, 2015

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