United States v. Shearer et al

Filing 138

ORDER signed by Magistrate Judge Deborah Barnes on 01/30/23 DENYING 133 Motion to Compel without prejudice to renewal and VACATING 02/03/23 hearing. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:12-cv-2334 DAD DB

Plaintiff,
v.

ORDER

L. RICHARD SHEARER, et al.,

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Defendants.

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On November 14, 2022, defendant Stanley Swenson as trustee, filed a motion to compel

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responses to defendant’s requests for production and interrogatories and noticed the motion for

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hearing before the undersigned on February 3, 2022, pursuant to Local Rule 302(c)(1). (ECF

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Nos. 133 & 137.)

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With one exception, however, discovery in this action closed on February 1, 2016. (ECF

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No. 64.) In this regard, on November 15, 2022, the assigned District Judge ordered an extension

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of fact discovery until May 16, 2023, “for the limited purpose of taking the depositions of Lonnie

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Crokett, Richard Pfeiffer, Ken Cox, Ed Cox, and Leora Swenson.” (ECF No. 135.) Defendant’s

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motion to compel concerns written discovery not a deposition. Defendant’s motion, therefore, is

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untimely.

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Moreover, review of the defendant’s motion finds that the parties last met and conferred
regarding this dispute on June 15, 2022. (ECF No. 133 at 5.) The parties are advised that the
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undersigned anticipates more recent meet and confer efforts prior to any future discovery hearing.

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Any party bringing a discovery motion should read the undersigned’s Standard Information re

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discovery disputes found on to the court’s web page at

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http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate-

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judge-deborah-barnes-db.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s November 14, 2022 motion to compel (ECF No. 133) is denied without

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prejudice to renewal; and
2. The February 3, 2023 hearing is vacated.
Dated: January 30, 2023

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DLB:6
DB/orders/orders.civil/USvShearer2334.mtc.den.ut.ord

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