Mayfield v. Orozco, et al.

Filing 150

ORDER signed by Magistrate Judge Allison Claire on 11/15/16 ORDERING that Plaintiff's MOTION to Compel 141 is DENIED without prejudice and the matter is VACATED from calendar. (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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JAMES J. MAYFIELD, JAMES
ALLISON MAYFIELD, JR., and TERRI
MAYFIELD

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Plaintiffs,

No. 2:13-cv-02499 JAM AC

ORDER

v.
IVAN OROZCO, SHERIFF SCOTT
JONES, JAMES LEWIS, RICK
PATTISON, COUNTY OF
SACRAMENTO, UNIVERSITY OF
CALIFORNIA DAVIS
HEALTHSYSTEM, DR. GREGORY
SOKOLOV, DR. ROBERT HALS, and
Does 1-5,
Defendants.

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On October 26, 2016, plaintiffs filed a Motion to Compel Discovery and noticed it for

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hearing on November 16, 2016. ECF No. 141. The Scheduling Order governing this case

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provides as follows:

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All discovery shall be completed by October 14, 2016. In this
context, “completed” means that all discovery shall have been
concluded so that all depositions have been taken and any disputes
relative to discovery shall have been resolved by appropriate order
if necessary and, where discovery has been ordered, the order has
been complied with.
ECF No. 41 at 3.
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On June 30, 2016, U.S. District Judge Mendez extended the deadline for expert

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depositions to October 26, 2016, and confirmed that “[a]ll other discovery deadlines. . . shall

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remain in effect.” ECF No. 115 at 5.

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The pending discovery motion was not brought in time to be resolved, and any resulting

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orders complied with, by the applicable deadline. The dispute arose in the course of an expert

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deposition taken on October 18, 2016, approximately one week before the extended deadline for

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taking such depositions. The fact that plaintiffs conducted the deposition without time left in the

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discovery period to litigate any disputes does not exempt them from the terms of Judge Mendez’s

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scheduling orders.

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Discovery is now closed. The undersigned will not hear any discovery disputes unless

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and until Judge Mendez has amended the operative Scheduling Order to permit such motions.

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Accordingly, plaintiff’s Motion to Compel Discovery, ECF 141, is DENIED without
prejudice and the matter is VACATED from calendar.

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IT IS SO ORDERED.

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DATED: November 15, 2016

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