Brown v. Property and Casualty Insurance Company of Hartford

Filing 34

ORDER GRANTING Defendant's Ex Parte Application to shorten time and setting hearing on Defendants' Motion for extension of discovery deadlines for 2/24/2021 at 10:00 AM in Courtroom 9 (SAB) #33 signed by Magistrate Judge Stanley A. Boone on 2/16/2021. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 CAROLYN BROWN, et al. Case No. 1:20-cv-00186-SAB 11 ORDER GRANTING DEFENDANT’S EX PARTE APPLICATION TO SHORTEN TIME Plaintiffs, 12 v. 13 14 15 ORDER SETTING HEARING ON DEFENDANT’S MOTION FOR EXTENSION OF DISCOVERY DEADLINES FOR FEBRUARY 24, 2021 PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, Defendant. (ECF No. 33) 16 17 18 On February 12, 2021, Defendant filed an ex parte application requesting the Court to 19 hear a motion to modify the scheduling order on shortened time. (ECF No. 33.) Defendant 20 requests the motion to modify the discovery deadlines be set for hearing on February 24, 2021, 21 with Plaintiffs’ opposition due seven (7) days prior to the hearing, and Defendant’s reply due 22 three (3) days prior to the hearing. On February 12, 2021, Defendants served Plaintiffs with the 23 ex parte application along with a copy of the to-be-filed motion to modify the scheduling order, 24 via overnight mail. (ECF No. 33 at 2.) 25 Defendant proffers that Plaintiffs have failed to appear for noticed depositions, and failed 26 to properly meet and confer with Defendants regarding filing a motion to modify the scheduling 27 order. Defendant has noticed new depositions for Plaintiffs to occur on February 22 and 23, 28 2021. If Plaintiffs appear as scheduled for the newly set depositions, Defendant will withdraw 1 1 the motion to modify the scheduling order prior to the February 24, 2021 hearing date. Given the facts pertaining to Plaintiffs’ failure to appear for the depositions and current 2 3 discovery deadlines, the Court finds good cause to grant Defendants’ ex parte application and set 4 the motion to modify the scheduling order for hearing on shortened time. However, because of 5 the short period of time before the requested hearing date, the Court shall order an opposition to 6 be filed by Plaintiffs on or before February 23, 2021, and no reply brief by Defendants. When Defendant is provided with the videoconference login information for the hearing, 7 8 they shall serve the motion to modify the scheduling order as well as the videoconference login 9 information on Plaintiffs. Plaintiffs are directed to contact Courtroom Deputy Mamie Hernandez 10 at (559) 499-5672, for any questions or assistance regarding attending the hearing via 11 videoconference or telephone. 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. Defendant’s ex parte application is GRANTED; 14 2. The Court sets the hearing on Defendant’s motion to modify the discovery deadlines for February 24, 2021, at 10:00 a.m. in Courtroom 9; 15 3. 16 Defendant shall file the motion to modify the discovery deadlines within one (1) day after entry of this order; 17 4. 18 Defendants shall serve the motion to modify as well as the videoconference login information on Plaintiffs concurrently with filing the motion to modify; and 19 5. 20 Plaintiffs’ opposition to Defendant’s motion to extend the discovery deadlines shall be filed no later than February 23, 2021. 21 22 23 IT IS SO ORDERED. 24 Dated: February 16, 2021 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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