Singh et al v. Hancock Natural Resources Group, Inc. et al

Filing 60

ORDER DISCHARGING 46 Order to Show Cause; ORDER DENYING Request to Continue Motion to Compel, signed by Magistrate Judge Jennifer L. Thurston on 12/1/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DHILLON SINGH, et al.,
Plaintiffs,

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v.
HANCOCK NATURAL RESOURCES
GROUP, INC., et al.,
Defendants.

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Case No.: 1:15-cv-01435 LJO JLT
ORDER DISCHARGING ORDERT TO SHOW
CAUSE
ORDER DENYING REQUEST TO CONTINUE
MOTION TO COMPEL

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In response to the Court’s order to show cause issued to the plaintiffs for their failure to

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appear at the mid-discovery status conference, plaintiffs have retained new counsel and state an

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unawareness that they or their counsel were required to be present at the hearing. (Doc. 58 at 3-4)

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The Court finds this to be a reasonable explanation.

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On the other hand, in the response to the order to show cause, new counsel also seeks a

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continuance of the motion to compel that was set to be heard on November 30, 2016 but was

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continued by the Court to December 20, 2016. (Doc. 51) Counsel requests the motion be re-set again

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to February 1. (Doc. 58 at 4) Counsel cites only “scheduling conflicts” in support for this need. Id.

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Notably, this case was scheduled four months ago and there are only two months of discovery

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time remaining. (Doc. 35) The Court is confident that the plaintiffs’ new counsel was aware of this

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schedule when he agreed to take on this representation and must have felt that he could accomplish

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completing discovery within these deadlines or, of course, ethically, he would have been prohibited

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from taking on this case. In any event, continuing the motion to dismiss until five days before the

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discovery deadline is not workable. Moreover, the plaintiffs have already stated their opposition to

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the motion, given their counsel’s participation in the preparation of the joint statement filed in

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connection with the motion.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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1.

The order to show cause issued to the plaintiffs is DISCHARGED;

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2.

The request to continue the hearing on the motion to dismiss is DENIED.

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IT IS SO ORDERED.
Dated:

December 1, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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