Ramirez v. Reeve-Woods Eye Center

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/14 DENYING WITHOUT PREJUDICE 10 Motion to Compel. (Meuleman, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUZ R. RAMIREZ, 12 13 14 15 No. 2:13-cv-429-JAM-EFB Plaintiff, v. ORDER REEVE-WOODS EYE CENTER, Defendant. 16 17 On March 5, 2014, plaintiff filed a motion to compel defendant to provide further 18 responses to plaintiff’s Special Interrogatories, Set two. ECF No. 10. The motion was originally 19 noticed for hearing on April 2, 2014. Id. On March 10, 2014, plaintiff re-noticed the hearing on 20 her motion for April 9, 2014. ECF No. 11. 21 On August 12, 2013, the assigned district judge issued a Status (Pretrial Scheduling) 22 Order, which provides that all discovery shall be completed by March 31, 2014. ECF No. 9 at 3. 23 The order further provides that “‘completed’ means that all discovery shall have been conducted 24 so that all depositions have been taken and any disputes related to discovery shall have been 25 resolved by appropriate order if necessary, and, where discovery has been ordered, the order has 26 been complied with.” Id. 27 In light of the March 31, 2014 deadline, this court will have no authority to consider the 28 motion to compel on April 9, 2014. While the parties may file a motion or stipulation to further 1 1 modify the pretrial scheduling order, that motion and/or stipulation must be heard and decided by 2 the district judge. Accordingly, the motion to compel, ECF No. 10, is denied without prejudice 3 and the April 9, 2014 hearing thereon is vacated. 4 So Ordered 5 DATED: March 20, 2014. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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