Capitol Commission Inc. v. Capitol Ministries
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CAPITOL COMMISSION INC.
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Plaintiff,
vs.
CAPITOL MINISTRIES
ORDER
Defendant.
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No. 2:12-MC-00093 GEB CKD
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Pending before the court is defendant’s motion to compel the production of
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documents from non-party David Duran. Dkt. 1. The parties stipulated to a continuation of the
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hearing on that motion on December 5, 2012 and set the matter for hearing before the
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undersigned on January 9, 2013. Dkt. 5.
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However, as the parties acknowledge in their joint statement (dkt. 8), the deadline
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for all discovery in this matter was December 31, 2012. See Eastern District of North Carolina
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Civil Docket Case No. 5:11-cv-00214 (“Case No. 5:11-cv-00214”), Dkt. 64. The district judge’s
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August 7, 2012 amended scheduling order provides that “all discovery shall be commenced in
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time to be completed by 31 December 2012.” Case No. 5:11-cv-00214, Dkt. 64. Pending on that
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court’s docket is a joint motion to modify the scheduling order and extend the discovery deadline
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by 90 days. Case No. 5:11-cv-00214, Dkt. 78. Unless that deadline is extended by the district
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judge, however, the undersigned is bound by the August 7, 2012 amended scheduling order.
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Therefore, defendant’s motion is untimely under the current discovery deadline.
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Accordingly, the instant motion should be denied without prejudice, subject to a renewal of the
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motion upon the district judge’s extension of the discovery deadline.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The January 9, 2013 hearing on the defendant’s motion is vacated; and
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2. The defendant’s motion to compel the production of documents (dkt. 1) is
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denied without prejudice.
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Dated: January 7, 2013
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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ckd9
capcomm93 DiscHr;g.vac
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