Gregoire v. County of Sacramento et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/6/2014 DENYING plaintiff's 35 Third Amended 34 to Compel further responses to Discovery Requests and DROPPING it from Court's 10/10/2014. Denial of plaintiff's Motion to Compel is WITHOUT PREJUDICE to re-filing only if Discovery is further extended by court Order. (Marciel, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID W. GREGOIRE,
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No. 2:13-cv-1857 TLN DAD
Plaintiff,
v.
ORDER
COUNTY OF SACRAMENTO, et al.,
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Defendants.
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On September 10, 2014, plaintiff filed a third amended notice of motion to compel
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discovery. (Dkt. No. 35.) The hearing of that motion was noticed by plaintiff’s counsel for
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October 10, 2014. The parties, however, did not file a Joint Statement re Discovery
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Disagreement at least seven days prior to the scheduled hearing date, in violation of Local Rule
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251(a). Local Rule 251(a) also provides that the hearing of plaintiff’s motion may be dropped
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from calendar due to the failure to file a timely joint statement.
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On January 29, 2014, the assigned District Judge issued a Status (Pretrial Scheduling)
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Order requiring that all discovery be “completed” by May 15, 2014. (Dkt. No. 16 at 2.) In the
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context of discovery, “‘completed’ means that all discovery shall have been conducted so that all
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depositions have been taken and any disputes relative 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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obeyed.” (Id.)
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On April 10, 2014, the assigned District Judge entered an order extending the discovery
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deadline to October 1, 2014, pursuant to the parties’ stipulation. (Dkt. No. 24.) On October 2,
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2014, the assigned District Judge granted the parties’ stipulation to allow defendants 21 days to
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complete the deposition of plaintiff’s expert, and to file a motion to compel with respect to that
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deposition if necessary. (Dkt. No. 38.) That order, however, did not extend the October 1, 2014
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discovery deadline in any other manner. In fact, that order explicitly stated that there were “no
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other changes to the scheduling order.” (Dkt. No. 38.)
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Under these circumstances, plaintiff’s deadline for conducting discovery in this action has
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passed and plaintiff’s motion to compel (Dkt. No. 35) is untimely. Accordingly, for the reasons
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stated above, plaintiff’s motion to compel (Dkt. No. 35) is denied and dropped from the court’s
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October 10, 2014 calendar. Denial of plaintiff’s motion to compel is without prejudice to re-
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filing only if discovery in this action is further extended by court order.
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IT IS SO ORDERED.
Dated: October 6, 2014
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DAD:6
Ddad1\orders.civil\gregoirie1857.disc.untimely.ord.docx
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