Kemper v. Folsom Cordova Unified School District

Filing 52

ORDER signed by Magistrate Judge Dale A. Drozd on 5/27/2011 ORDERING that defendant's 48 May 6, 2011 motion to compel has been denied as untimely and the court has not ruled on the merits of the motion. (Duong, D)

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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 EDWARD L. KEMPER, 11 12 13 Plaintiff, No. CIV S-08-2777 GEB DAD v. FOLSOM CORDOVA UNIFIED SCHOOL DISTRICT, 14 ORDER Defendant. 15 / 16 This matter came before the court on May 27, 2011, for hearing on defendant’s 17 motion to compel further answers to its Special Interrogatories, Set Two. Dominic D. Spinelli, 18 Esq. appeared for the moving party. Keith D. Cable, Esq. appeared for plaintiff. 19 On November 23, 2010, the assigned district judge amended his scheduling order 20 to extend the deadline for completion of all discovery, except for expert discovery, from 21 December 30, 2010, to May 27, 2011, pursuant to the parties’ stipulation and request. (Minute 22 Order filed Nov. 23, 2010 (Doc. No. 45).) “Completed” in the discovery context “means that all 23 discovery shall have been conducted so that all depositions have been taken and any disputes 24 relative to discovery shall have been resolved by appropriate order if necessary and, where 25 discovery has been ordered, the order has been complied with.” (Order filed Jan. 21, 2009 (Doc. 26 No. 12), at 3.) 1 1 Under the scheduling order, defendant’s motion to compel further responses to his 2 second set of special interrogatories was brought too late to allow a reasonable time for plaintiff 3 to serve further written responses to the interrogatories if the court were to order further 4 responses.1 Accordingly, defendant’s May 6, 2011 motion to compel (Doc. No. 48) has been 5 denied as untimely and the court has not ruled on the merits of the motion. 6 7 IT IS SO ORDERED. DATED: May 27, 2011. 8 9 10 11 DAD:kw Ddad1/orders.civil/kemper2777.oah.mtc.052711 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 As noted at the hearing, any responses ordered would have had to be provided later that same day since the hearing was noticed for the final day of discovery. 2

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