Pena et al v. Taylor Farms Pacific, Inc. et al

Filing 191

ORDER signed by Judge Kimberly J. Mueller on 10/7/14 ORDERING that Defendant Manpower, Inc.'s 6/12/14 request for leave to conduct discovery is DENIED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA DEL CARMEN PENA, et al.,

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No. 2:13-CV-01282-KJM-AC

Plaintiffs,
v.

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ORDER
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TAYLOR FARMS PACIFIC, INC., d/b/a
TAYLOR FARMS, et al.,
Defendants.

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Defendant Manpower, Inc. requests leave to conduct discovery. Joint Status

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Report at 1–5, ECF No. 150. As explained below, the court DENIES the request.
At the status conference held March 20, 2014, the court granted the parties

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“eight weeks from the date the court rule[d] on the latter of [co]defendant Taylor Farms Pacific,

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Inc.’s [then-]pending motion for summary judgment and defendant Manpower, Inc.’s

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[then-]pending motion to dismiss” to file “any remaining dispositive motion against individual

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plaintiffs.” Minute Order, ECF No. 143. The court also instructed the parties to meet and

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confer before seeking leave of court if they wished to conduct additional discovery. Id. The

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relevant orders issued on March 28, 2014, ECF No. 144, and April 23, 2014, ECF No. 146,

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respectively, resulting in a dispositive motion deadline of June 18, 2014. Defendant filed its

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request on June 12, 2014. Id. at 10.

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Despite nearly three months’ time between the status conference and the

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deadline, defendant’s request was not filed until six days before the deadline. Further,

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defendant made no attempt to either file a timely, but incomplete, motion or obtain relief from

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the deadline. Accordingly, and in light of the time afforded a party responding to a discovery

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request under the Federal Rules of Civil Procedure, the court finds that this eleventh-hour

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request could not have produced usable information. Accordingly, the request is DENIED.

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IT IS SO ORDERED.
DATED: October 7, 2014.

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UNITED STATES DISTRICT JUDGE

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