Capitol Commission Inc. v. Capitol Ministries

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/7/2013 ORDERING 1 The 1/9/2013 hearing on the defendant's motion is VACATED and the defendant's motion to compel the production of documents is DENIED without prejudice. (Reader, L)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

CAPITOL COMMISSION INC.

11
12
13
14

Plaintiff,
vs.
CAPITOL MINISTRIES

ORDER

Defendant.

15
16

No. 2:12-MC-00093 GEB CKD

/
Pending before the court is defendant’s motion to compel the production of

17

documents from non-party David Duran. Dkt. 1. The parties stipulated to a continuation of the

18

hearing on that motion on December 5, 2012 and set the matter for hearing before the

19

undersigned on January 9, 2013. Dkt. 5.

20

However, as the parties acknowledge in their joint statement (dkt. 8), the deadline

21

for all discovery in this matter was December 31, 2012. See Eastern District of North Carolina

22

Civil Docket Case No. 5:11-cv-00214 (“Case No. 5:11-cv-00214”), Dkt. 64. The district judge’s

23

August 7, 2012 amended scheduling order provides that “all discovery shall be commenced in

24

time to be completed by 31 December 2012.” Case No. 5:11-cv-00214, Dkt. 64. Pending on that

25

court’s docket is a joint motion to modify the scheduling order and extend the discovery deadline

26

by 90 days. Case No. 5:11-cv-00214, Dkt. 78. Unless that deadline is extended by the district
1

1

judge, however, the undersigned is bound by the August 7, 2012 amended scheduling order.

2

Therefore, defendant’s motion is untimely under the current discovery deadline.

3

Accordingly, the instant motion should be denied without prejudice, subject to a renewal of the

4

motion upon the district judge’s extension of the discovery deadline.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1. The January 9, 2013 hearing on the defendant’s motion is vacated; and

7

2. The defendant’s motion to compel the production of documents (dkt. 1) is

8

denied without prejudice.

9

Dated: January 7, 2013

10

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18

ckd9
capcomm93 DiscHr;g.vac

19
20
21
22
23
24
25
26
2