Verma, et al. v. Okev, et al.

Filing 65

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/10/14 ORDERING the motions to compel, ECF Nos. 62 , 63 , are denied without prejudice and the February 4, 2015 hearing thereon is vacated. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRISTI VERMA, VISHAL VERMA,
AND ZENTEK CORPORATION,
Plaintiffs,

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No. 2:13-cv-865-MCE-EFB

ORDER
v.
EFRAT OKEV, et al.,
Defendants.

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On November 24, 2014, plaintiffs filed a motion to compel defendant Efrat Okev to

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produce documents and a motion to compel defendants to produce Michael Prendergast for

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deposition. ECF Nos. 62, 63. Plaintiffs noticed their motions for hearing on February 4, 2015.

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On March 18, 2014, the assigned district judge issued a Pretrial Scheduling Order, which

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provides that all discovery shall be completed by August 22, 2014. ECF No. 43 at 2. The order

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

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depositions have been taken and any disputes related to discovery shall have been resolved by

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

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complied with.” Id.

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On July 31, 2014, the assigned district judge approved the parties’ stipulation to extend
the discovery cutoff date to October 21, 2014. ECF No. 51. On October 30, 2014, the assigned
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district judge approved the parties’ second stipulation to modify the scheduling order, this time

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extending the discovery cutoff to December 12, 2014. ECF No. 54. Thus, all discovery is

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required to be completed by December 12, 2014.

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In light of the December 12, 2014 deadline, this court will have no authority to consider

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the motions compel on February 4, 2015. Accordingly, the motions to compel, ECF Nos. 62, 63,

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are denied without prejudice and the February 4, 2015 hearing thereon is vacated.

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So Ordered
DATED: December 10, 2014.

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