Arrieta, et al. v. County of Kern, et al.

Filing 25

ORDER DENYING 24 Motion for Reconsideration, signed by Magistrate Judge Jennifer L. Thurston on 10/6/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO ARRIETA, et al.,
Plaintiffs,

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Case No. 1:15-cv-00706 LJO JLT
ORDER DENYING MOTION FOR
RECONSIDERATION

v.
(Doc. 24)

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COUNTY OF KERN, et al.,
Defendants.

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The Court ordered this matter consolidated with the other related matters in case number

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1:14-cv-00400 LJO LJT. (Doc. 21) This occurred on August 21, 2015. That order recognized

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that this case and “the Early Cases” are in different procedural postures but, nevertheless, noted

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the ongoing consolidated case deadlines. (Doc. 21 at 5-6) Likewise, the Court recognized that

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the newly added defendants may have need for discovery that had not yet been adduced. Id. at 5

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[“Defendants contend that they may need to recall some witnesses from the Early Cases for

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depositions as well. Opposition at 5. This amount of work does not seem excessive and seems to

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be within the capabilities of the parties and the magistrate judge to schedule.”] Finally, the order

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stated, “Until further notice, the parties and the Clerk of Court are to file all documents under

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only the lead case number.” Id. at 6, emphasis added.

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Despite this explicit instruction, counsel in this case only—not the lead case—filed a joint
scheduling report (Doc. 22) as if this case was proceeding separately from the other; it is not.
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While recognizing that there may be additional discovery to conduct, the procedure for obtaining

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permission to do so is via a stipulation of all parties in the lead case or by filing a motion amend

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the case schedule in the lead case.

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Though the ex parte application raises valid grounds for the need to conduct discovery1, it

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completely ignores the issues discussed here. Thus, the request is DENIED. Counsel may file a

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stipulation of all parties to the lead case to amend the case schedule to allow the specific

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discovery that is needed or counsel may file a motion to amend the case schedule. However,

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counsel SHALL NOT file any further pleadings under this case number as explicitly instructed

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by the Court.

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IT IS SO ORDERED.
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Dated:

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October 6, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Indeed, the Court is inclined to permit the additional discovery. However, in any future request, counsel SHALL
set forth the specific discovery needed, and an expeditious schedule for accomplishing this. No discovery unrelated
to the newly added defendants/newly added claims will be permitted.

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