Lear v. Biter et al

Filing 112

ORDER DENYING 111 Motion Ex Parte Motion Regarding Discovery, signed by Magistrate Judge Jeremy D. Peterson on 07/14/2020. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODERICK WILLIAM LEAR, 12 13 v. Case No. 1:15-cv-01903-DAD-JDP Plaintiff, ORDER DENYING PLAINTIFF’S EX PARTE MOTION REGARDING DISCOVERY 14 ECF No. 111 15 16 JOHNATHAN AKANNO, et al., Defendants. 17 18 Plaintiff seeks to avoid further discovery in this case and moves to vacate the court’s most 19 recent order modifying the discovery schedule. ECF No. 111. Plaintiff does not wish to conduct 20 discovery. See id. While the court is sympathetic to the fact that this litigation has been ongoing 21 for some time, the parties are being afforded the opportunity to conduct further discovery and file 22 dispositive motions before this case goes to trial. Further, plaintiff—as the party who filed this 23 action—cannot avoid the consequences of litigation. Thus, plaintiff’s ex parte motion is denied 24 for failure to provide good cause. ECF No. 111. 25 26 27 28 1 2 IT IS SO ORDERED. 3 Dated: 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 July 14, 2020 No. 204.

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