Joshi et al v. Rocky Bluffs Property Owners' Association

Filing 58

ORDER signed by Magistrate Judge Craig M. Kellison on 5/10/2012 ORDERING Plaintiffs' 56 motion to quash is DENIED; and the discovery cut-off is EXTENDED and discovery shall be completed, as that term is defined in the court's 5/23/2011, scheduling order, by 6/1/2012. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAKESH JOSHI, et al.,

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Plaintiffs,

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No. CIV S-11-0083-LKK-CMK

vs.

ORDER

ROCKY BLUFFS PROPERTY
OWNERS’ ASSOCIATION,

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Defendant.
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/
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Plaintiffs, who are proceeding with retained counsel, bring this civil action.

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Pending before the court is plaintiffs’ ex parte application for an order quashing deposition

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subpoenas commanding the attendance of non-party witnesses Stephen Peterson and Debra D.

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Peterson at their depositions on May 11, 2012.

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Under Federal Rule of Civil Procedure 45(c)(3)(A)(i), the court may quash a

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subpoena where it “. . .fails to allow a reasonable time to comply.” The court finds that such is

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not the case here. The distinction between the current motion and defendant’s earlier motion to

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quash a deposition subpoena for Dave Warner, which the court granted, is set forth in

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defendant’s opposition to the instant motion. The depositions of the Petersons shall go forward
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as noticed.
It appears that the approaching May 16, 2012, discovery cut-off date may have

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motivated the current discovery dispute. In order to avoid future disputes arising from this cut-

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off date, the court sua sponte extends the time to conduct discovery consistent with the court’s

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May 23, 2011, scheduling order by two weeks to June 1, 2012.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiffs’ motion to quash (Doc. 56) is denied; and

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2.

The discovery cut-off is extended and discovery shall be completed, as that

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term is defined in the court’s May 23, 2011, scheduling order, by June 1, 2012.

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DATED: May 10, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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