Brandy Brewer v. Leprino Foods Company, Inc.

Filing 21

ORDER for Defendant to respond to 20 Ex Parte Application to Extend Non-Expert Discovery Cut-Off Date signed by Senior Judge Stephen M. McNamee on 4/10/2017. (Filing Deadline: 4/21/2017). (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Brandy Brewer,
Plaintiff,

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v.

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Leprino Foods Company, Inc.,
Defendant.

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No. CV-1:16-1091-SMM

ORDER

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Pending before the Court is Plaintiff Brandy Brewer’s Ex Parte Application to Extend

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the Non-Expert Discovery Cut-Off Date. (Doc. 20.) Plaintiff seeks to extend the time of the

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non-expert discovery cutoff date for forty five (45) days, from Friday, April 14, 2017 to

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Monday, May 29, 2017. In support, Plaintiff states, as follows:

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1) Defendant’s counsel indicated they would not accept service of the
subpoenas, Defendant refused to accept service of the subpoenas on five
individual witnesses when Plaintiff attempted service at the Defendant’s
company, and Plaintiff has been unable to locate, serve, and complete their
depositions before the non-expert discovery cutoff date; 2) Plaintiff has
requested for Mr. Don Doyle’s availability on at least four different occasions
and has yet to receive a date from Defendant’s counsel and will not be able to
complete his deposition before the non-expert discovery cutoff date; 3) Ms.
Erin McDaniels testified at her deposition that there was a document that she
relied upon in making the decision to terminate Plaintiff that has not been
produced even though Plaintiff requested for all documents relating to the
reasons for Plaintiff’s termination and all documents reviewed or considered
in Defendant’s decision to terminate Plaintiff; and 4) Defendant has not
indicated if they will produce Mr. Kes Anderson for his deposition on April
14, 2017.
(Id. at 1-2.)
Pursuant to L.R. 144 and 230, Defendant shall respond to Plaintiff’s Ex Parte

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Application to Extend the Non-Expert Discovery Cut-Off Date.

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Accordingly,

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IT IS HEREBY ORDERED that Defendant shall respond to Plaintiff’s Ex Parte

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Application to Extend the Non-Expert Discovery Cut-Off Date by Friday, April 21, 2017.

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There will be no reply.

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IT IS FURTHER ORDERED staying the effective date of the Non-Expert

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Discovery deadline until the Court resolves Plaintiff’s motion. The Court’s Order resolving

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Plaintiff’s motion will set a new deadline for Non-Expert Discovery.

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IT IS FURTHER ORDERED, however, that any request for a second extension of

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the Non-Expert Discovery deadline will require a telephonic hearing before such an

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extension would be granted.

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DATED this 10th day of April, 2017.

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