Pelletier v. Pacific Webworks, Inc.

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2010 DENYING 24 Stipulation and Proposed Order to continue Motion to Compel. (Matson, R)

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Pelletier v. Pacific Webworks, Inc. Doc. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff previously noticed a motion to compel discovery responses from defendant and noticed the hearing on her motion for July 22, 2010. (Dkt. No. 23.) Because defendant's attorneys have hearings in other matters that conflict with the scheduled hearing in this matter, the parties stipulated to the proposed continuance of the hearing on plaintiff's motion to compel to August 5, 2010. (Dkt. No. 24.) The undersigned cannot approve the stipulation. If the undersigned were to approve the parties stipulation as proposed, the parties would necessarily violate the Status (Pretrial Scheduling) Order entered by the United States District Judge assigned to this case, which provides that "[d]iscovery pre-certification shall be completed by August 2, 2010." (Dkt. No. 18 at 2 (emphases in original).) Because the undersigned lacks the authority to modify the scheduling order issued by the District Judge, the parties must seek any extension of the pre1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DEANNA PELLETIER, Plaintiff, v. PACIFIC WEBWORKS, INC., Defendant. / ORDER No. 2:09-cv-03503 FCD KJN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 certification discovery completion deadline from the District Judge. Regardless of whether the hearing remains on July 22, 2010, or is ultimately rescheduled, the parties are reminded of their obligations under this court's Local Rules to meet and confer and prepare and file a "Joint Statement re Discovery Disagreement" in advance of the hearing. See Local Rule 251. The parties Joint Statement re Discovery Disagreement, or affidavit filed pursuant to Local Rule 251(d), shall be filed at least seven days before the scheduled hearing date. Local Rule 251(a). IT IS SO ORDERED. DATED: July 7, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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