Xie v. De Young Properties, 5867 LP

Filing 59

ORDER GRANTING Plaintiff's Motion for an Extension of Time to Complete Non-Expert Discovery and Ruling on Discovery Issues, 53 . Non-Expert Discovery Deadline: 5/31/2018. Expert Disclosure Deadline: 6/8/2018. Rebuttal Expert Disclos ure Deadline: 6/20/2018. Expert Discovery Deadline: 7/6/2018. Non-Dispositive Motion Filing Deadline: 8/6/2018. Non-Dispositive Motion Hearing Deadline: 9/5/2018. Dispositive Motion Filing Deadline: 8/6/2018. Dispositive Motion Hearing Dead line remains unchanged. Settlement Conference set for 8/16/2018, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pre-trial Conference and trial dates remain unchanged. Order signed by Magistrate Judge Sheila K. Oberto on 4/19/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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AGNES XIE,

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Case No. 1:16-cv-01518-DAD-SKO
ORDER GRANTING PLAINTIFF’S
MOTION FOR AN EXTENSION OF TIME
TO COMPLETE NON-EXPERT
DISCOVERY AND RULING ON
DISCOVERY ISSUES

Plaintiff,
v.
DE YOUNG PROPOERTIES, 5418 L.P.,
Defendant.

(Doc. 53)

_____________________________________/

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ORDER

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On April 19, 2018, the parties appeared telephonically for a conference to resolve

15 Plaintiff’s “First Motion for Extension of Time for [sic] Complete Non-Expert Discovery” (Doc.
16 53) (the “Motion”) and other discovery issues. Plaintiff Agnes Xie appeared on her own behalf,
17 and Jared Marshall, Esq., appeared on behalf of Defendant De Young Properties, 5418 L.P.
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After reviewing the parties’ submissions and hearing the parties’ arguments, the Court

19 hereby GRANTS the Motion IN PART, finding good cause pursuant to Fed. R. Civ. P. 16(b)(4) to
20 modify its Scheduling Order (Doc. 42) as follows:
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Event
Non-Expert Discovery Deadline
Expert Disclosure Deadline
Rebuttal Expert Disclosure
Deadline

Current Date
March 20, 2018
April 19, 2018
May 18, 2018

New Date
May 31, 2018
June 8, 2018
June 20, 2018

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Expert Discovery Deadline

June 18, 2018

July 6, 2018

Non-Dispositive Motion Filing
Deadline

June 26, 2018

August 6, 2018

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Non-Dispositive Motion Hearing
Deadline

July 25, 2017

September 5, 2018

July 30, 2018

August 6, 2018

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Dispositive Motion Filing
Deadline

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Dispositive Motion Hearing
Deadline

September 18, 2018

unchanged

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Settlement Conference

May 15, 2018

Pre-Trial Conference
Trial

November 26, 2018
January 22, 2019

August 16, 2018 at
10:00 AM in
Courtroom 7 (SKO)
before Magistrate
Judge Sheila K.
Oberto
unchanged
unchanged

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With respect to Plaintiff’s request for the production by Defendant of voicemails,

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12 Defendant SHALL conduct a diligent search for all relevant voicemails from Plaintiff to
13 Defendant and either PRODUCE to Plaintiff, in a manner agreed to by the parties, any voicemails
14 located, or, if no relevant voicemails are found, RESPOND to Plaintiff that it has no relevant
15 voicemails in its possession, custody, or control. See Fed. R. Civ. P. 34(a). With respect to
16 Defendant’s request for the production by Plaintiff of voicemails, Plaintiff SHALL conduct a
17 diligent search for all relevant voicemails from Defendant to Plaintiff and either PRODUCE to
18 Defendant, in a manner agreed to by the parties, any voicemails located, or, if no relevant
19 voicemails are found, RESPOND to Defendant that she has no relevant voicemails in her
20 possession, custody, or control. See id.
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Finally, to the extent Plaintiff wishes to obtain discovery from Tina Larson, Plaintiff

22 SHALL follow the procedure for issuance and service of a subpoena set forth in Fed. R. Civ. P.
23 45, as Ms. Larson is Defendant’s former employee over whom it has no control.
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IT IS SO ORDERED.

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April 19, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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