Whitaker v. Costco Wholesale Corporation et al

Filing 238

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/14 ORDERING that the motion to compel 236 is DENIED without prejudice, and the 4/30/14 hearing is VACATED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ED WHITAKER,

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Plaintiff,

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No. 2:13-cv-668-JAM-EFB

v.

ORDER

COSTCO WHOLESALE
CORPORATION,
Defendant.

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On April 14, 2014, plaintiff filed a request to extend the time to conduct discovery and to

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compel the depositions of Alan Caito, Randy Takeshita and Terry Fuller. ECF No. 236. The

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motion is noticed for hearing on April 30, 2014. Id.
On October 24, 2013, the assigned district judge issued a Status (Pretrial Scheduling)

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Order, which provides that all discovery shall be completed by April 14, 2014. ECF No. 233 at 2.

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The order further provides that “‘completed’ means that all discovery shall have been conducted

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so that all depositions have been taken and any disputes related to discovery shall have been

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resolved by appropriate order if necessary, and, where discovery has been ordered, the order has

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been complied with.” Id.

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In light of the April 14, 2014 deadline, this court will have no authority to consider the

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motion compel on April 30, 2014. Although plaintiff does request an additional 60 days to

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conduct discovery, a motion to modify the pretrial scheduling order must be heard and decided by

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the district judge. Accordingly, the motion to compel, ECF No. 236, is denied without prejudice

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and the April 30, 2014 hearing thereon is vacated.

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So Ordered

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DATED: April 16, 2014.

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