Friends of Hope Valley v. Federick Company

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/2010. Defendant's 14 Motion to Compel Hearing is RE-SET for 7/15/2010 at 10:00 AM in Courtroom 25 (KJN). Parties shall file their Joint Statement re Discovery Disagreement w/Court on or before 7/1/2010. Continuance of Discovery is NOT APPROVED, but parties may request alteration of Scheduling Order from District Judge Mendez. (Marciel, M) Modified on 6/24/2010 (Schultz, C).

1 2 3 4 5 6 7 8 9 10 11 Plaintiff, 12 v. 13 14 15 16 Defendant. 17 18 19 20 21 22 23 24 25 26 / Defendant's motion to compel the production of documents is presently set to be heard on the undersigned's July 8, 2010 law and motion calendar, and the parties have been ordered to submit their Joint Statement re Discovery Disagreement ("Joint Statement") on or before June 24, 2010. (Dkt. Nos. 14, 15.) The parties have filed a stipulation and proposed order that seeks to: (1) continue the hearing on defendant's motion to compel from July 8, 2010, to July 15, 2010; (2) continue the deadline for the filing of the parties' Joint Statement from June 24, 2010, to July 1, 2010; and (3) continue the deadline to complete discovery set forth in the court's Status (Pretrial Scheduling) Order from August 6, 2010, to September 13, 2010. (Dkt. No. 16.) The undersigned will grant the parties' requests to continue the hearing date on 1 FREDERICK COMPANY, a/k/a DRESSLER COMPANY, a/k/a FRED H. DRESSLER COMPANY, a Nevada Partnership, ORDER No. 2:09-cv-02866 JAM KJN IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRIENDS OF HOPE VALLEY, a California public benefit corporation,

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defendant's motion to compel and the deadline for submission of the parties' Joint Statement. However, the undersigned will not approve the parties' stipulated request to alter the dates in the court's Status (Pretrial Scheduling) Order, but the parties may seek such alteration by the United States District Judge before whom this matter proceeds. First, the parties' request is more appropriately presented to the District Judge who entered the Status (Pretrial Scheduling) Order. Second, were the court to continue the discovery completion deadline to September 13, 2010, the court would be required to alter, at a minimum, the law and motion cutoff date stated in the Status (Pretrial Scheduling) Order, and potentially the remaining dates set therein. The parties have not stipulated to the alteration of those remaining dates, and the undersigned will not alter one deadline in the Status (Pretrial Scheduling) Order without consideration of the other dates set therein. Pursuant to the parties' stipulation, and for the foregoing reasons, IT IS HEREBY ORDERED that: 1. The hearing on defendant's motion to compel (Dkt. No. 14) is continued

to Thursday, July 15, 2010, at 10:00 a.m., before the undersigned. 2. The parties shall file their Joint Statement re Discovery Disagreement with

the court on or before July 1, 2010. 3. The parties' stipulation to continue the deadline to complete discovery is

not approved, but the parties may request alteration of the dates set in the Status (Pretrial Scheduling) Order from the district judge before whom this matter proceeds, United States District Judge Mendez. IT IS SO ORDERED. DATED: June 23, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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