Fonseca v. City of Red Bluff

Filing 15

ORDER signed by Magistrate Judge Craig M. Kellison on 4/15/11 DENYING 14 Ex Parte Application filed by Judith Fonseca for an order continuing the hearing on defendants' motion to compel. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUDITH FONSECA,

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No. CIV S-10-2685-MCE-CMK

Plaintiff,
vs.

ORDER

CITY OF RED BLUFF, et al.,
Defendants.
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Plaintiff, who is proceeding with retained counsel, brings this civil action.

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Pending before the court is plaintiff’s ex parte application (Doc. 14) for an order continuing the

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hearing on defendants’ motion to compel, currently set for May 5, 2011.

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Plaintiff cites two reasons for granting a continuance. First, plaintiff argues that

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she was never served with the discovery requests as to which defendants seek an order

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compelling responses. The court observes that this is an argument better made in the context of

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opposing defendants’ motion rather than in the context of a request for a continuance. Moreover,

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even assuming that plaintiff is correct, the court does not see how this fact would present good

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cause for a continuance. As a second reason for a continuance, plaintiff cites her counsel’s

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motion to withdraw, set for hearing on May 19, 2011, arguing that the motion to compel should
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be heard after the motion to withdraw is decided. Again, the court does not see how this

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establishes good cause for a continuance. Whether counsel is permitted to withdraw is an issue

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entirely separate from whether defendants’ motion to compel should be heard as noticed or

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continued.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (Doc. 14) for an
ex parte order continuing the hearing on defendants’ motion to compel is denied.

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DATED: April 15, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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