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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD L. KEMPER,

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Plaintiff,

No. CIV S-08-2777 GEB DAD

v.
FOLSOM CORDOVA UNIFIED
SCHOOL DISTRICT,

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ORDER
Defendant.

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/

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This matter came before the court on May 27, 2011, for hearing on defendant’s

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motion to compel further answers to its Special Interrogatories, Set Two. Dominic D. Spinelli,

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Esq. appeared for the moving party. Keith D. Cable, Esq. appeared for plaintiff.

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On November 23, 2010, the assigned district judge amended his scheduling order

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to extend the deadline for completion of all discovery, except for expert discovery, from

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December 30, 2010, to May 27, 2011, pursuant to the parties’ stipulation and request. (Minute

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Order filed Nov. 23, 2010 (Doc. No. 45).) “Completed” in the discovery context “means that all

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discovery shall have been conducted so that all depositions have been taken and any disputes

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relative to discovery shall have been resolved by appropriate order if necessary and, where

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discovery has been ordered, the order has been complied with.” (Order filed Jan. 21, 2009 (Doc.

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No. 12), at 3.)
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Under the scheduling order, defendant’s motion to compel further responses to his

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second set of special interrogatories was brought too late to allow a reasonable time for plaintiff

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to serve further written responses to the interrogatories if the court were to order further

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responses.1 Accordingly, defendant’s May 6, 2011 motion to compel (Doc. No. 48) has been

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denied as untimely and the court has not ruled on the merits of the motion.

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IT IS SO ORDERED.
DATED: May 27, 2011.

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DAD:kw
Ddad1/orders.civil/kemper2777.oah.mtc.052711

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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.
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