Hartline v. National University

Filing 115

AMENDED 114 ORDER signed by Magistrate Judge Allison Claire on 04/18/18 GRANTING 112 Ex Parte Application to extend deadlines and VACATING the hearing date of 4/25/2018 currently set for defendant's 111 motion for terminating sanctions. Th e 109 Motion to Compel and 111 Motion for Terminating Sanctions will each be heard on 5/16/2018, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. The parties will file oppositions no later than 5/2/2018 and replies no later than 5/9/2018. Dispositive Motions deadline set by 99 Order is EXTENDED to 6/20/2018. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOYLE DEAN HARTLINE, 12 13 No. 2:14-cv-00635-KJM-AC Plaintiff, v. AMENDED ORDER 14 NATIONAL UNIVERSITY, 15 Defendant. 16 17 This court is in receipt of plaintiff’s motion to compel (ECF No. 109), defendant’s motion 18 for terminating sanctions (ECF No. 111), and defendant’s ex parte application to hear the motion 19 for terminating sanctions and to extend the dispositive motions deadline (ECF No. 112). As a 20 preliminary matter, the court notes that neither plaintiff’s nor defendant’s motions were timely 21 filed. ECF No. 105. Nonetheless, it is clear that discovery-related issues remain in this case and 22 require resolution. “District courts have ‘broad discretion to manage discovery and to control the 23 course of litigation under Federal Rule of Civil Procedure 16.’” Krohne Fund, LP v. Simonsen, 24 681 F. App'x 635, 638 (9th Cir. 2017), quoting Hunt v. County of Orange, 672 F.3d 606, 616 (9th 25 Cir. 2012), LR 144. 26 In the interest of judicial economy and of having matters heard on the merits, the court 27 will GRANT defendant’s ex parte application, ECF No. 112, and allow defendant’s motion (ECF 28 No. 111) to be heard, but the court will also allow plaintiff’s motion (ECF No. 109) to be heard. 1 The court will extend the dispositive motion deadline by 30 days. In conclusion, the court 2 ORDERS as follows: 3 1. Defendant’s ex parte application to extend deadlines, ECF No. 112, is GRANTED; 4 2. The hearing date of April 25, 2018 currently set for defendant’s motion for 5 6 terminating sanctions (ECF No. 111) is VACATED; 3. Plaintiff’s motion to compel (ECF No. 109) and defendant’s motion for terminating 7 sanctions (ECF No. 111) will each be heard on May 16, 2018 at 10:00 a.m. in 8 Courtroom 26 (AC). The parties will file oppositions no later than May 2, 2018 and 9 replies no later than May 9, 2018; and 10 11 12 13 4. The dispositive motions deadline set by ECF No. 99 is hereby extended to June 20, 2018. IT IS SO ORDERED. DATED: April 18, 2018 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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