Lennear, et al v. Diamond Pet Food Processors of California, LLC et al

Filing 105

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/2/16 ORDERING that Defendants' 5/3/16 Motion for Reconsideration 84 is GRANTED; and Defendants are granted 30 days from the date of this order to conduct the IME at issue. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LELAND LENNEAR AND NARVELL
HENRY, SR.,
Plaintiffs,

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No. 2:13-cv-1871 TLN CKD (TEMP)

ORDER
v.
DIAMOND PET FOOD PROCESSORS
OF CALIFORNIA, LLC; DIAMOND PET
FOOD PROCESSORS OF RIPON, LLC;
SCHELL & KAMPETER, INC. d/b/a/
DIAMOND PET FOODS,
Defendants.

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On June 1, 2016, this matter came before the undersigned for hearing of defendants’

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motion for reconsideration. Attorney Paul Pfeilschiefter appeared telephonically on behalf of the

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plaintiffs. Attorney Bradley Bakker appeared telephonically on behalf of the defendants.

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On April 29, 2016, the undersigned issued an order denying the parties’ April 26, 2016

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discovery disagreement as untimely. (Dkt. No. 84.) Defendants now seek reconsideration of that

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order. Defendants, however, have failed to show that the April 29, 2016 order was in any respect

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“clearly erroneous or contrary to law.” Local Rule 303(f). Nonetheless, the undersigned cannot

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ignore the relevant changed circumstances since the April 29, 2016 order was issued. In this

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regard, on May 4, 2016, the assigned District Judge granted the undersigned the authority to
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modify the case’s Scheduling Order. (Dkt. Nos. 94 & 95.)
Accordingly, upon consideration of the arguments on file and at the hearing, and for the
reasons set forth on the record at the hearing, IT IS HEREBY ORDERED that:

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1. Defendants’ May 3, 2016 motion for reconsideration (Dkt. No. 84) is granted; and

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2. Defendants are granted 30 days from the date of this order to conduct the IME at issue.

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Dated: June 2, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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BVD\lennear1871.oah.060116.docx

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