Benjamin Tabayoyong Caridad v. Harry Oreol, et al

Filing 112

ORDER signed by Magistrate Judge Allison Claire on 7/24/2018 ORDERING the 1/25/2018 hearing on Mr. Rosenfeld's motion to quash is VACATED, to be reset as further ordered below; petitioner's 110 motion to continue is GRANTED; the hearing n ow set for 8/20/2018 is VACATED and will be reset at or following hearing on discovery motions; petitioner's 111 motion to shorten time is DENIED as moot; the parties to this action and to the instant discovery dispute(s) shall, no later th an 7/31/2018, file a stipulation and proposed order setting forth dates for the filing of petitioner's motion to compel, any outstanding briefing regarding discovery motions, and a single hearing on all discovery motions. The provisions of Local Rule 251, with the exception of the meet and confer requirement, shall not apply. (Yin, K)

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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 BENJAMIN T. CARIDAD, 12 No. 2:14-cv-1847 KJM AC P Petitioner, 13 v. 14 HARRY OREOL, 15 ORDER Respondent. 16 17 By order filed July 18, 2018, the motion to quash filed by Kenneth L. Rosenfeld (ECF No. 18 104) was set for hearing before the undersigned on July 25, 2018. ECF No. 108. It was the 19 court’s intention to resolve the motion in advance of the August 20 evidentiary hearing. See ECF 20 No. 98 (order setting evidentiary hearing). Petitioner has now responded to the motion to quash, 21 ECF No. 109, moved to continue the evidentiary hearing, ECF Nos. 110 & 111, and referenced a 22 motion to compel responses to subpoenas, ECF Nos. 110 at 2:9 & 111 at 2:4. No motion to 23 compel has been filed. 24 25 26 27 28 Having reviewed petitioner’s submissions, and good cause appearing, it is hereby ordered as follows: 1. The July 25, 2018 hearing on Mr. Rosenfeld’s motion to quash is VACATED, to be reset as further ordered below; 2. Petitioner’s motion to continue, ECF No. 110, is GRANTED; the evidentiary hearing 1 now set for August 20, 2018, is VACATED and will be reset at or following hearing 2 on discovery motions; 3 3. Petitioner’s motion to shorten time, ECF No. 111, is DENIED as moot; 4 4. The parties to this action and to the instant discovery dispute(s) shall, no later than 5 July 31, 2018, file a stipulation and proposed order setting forth dates for the filing of 6 petitioner’s motion to compel, any outstanding briefing regarding discovery motions, 7 and a single hearing on all discovery motions. The provisions of Local Rule 251, with 8 the exception of the meet and confer requirement, shall not apply. 9 10 IT IS SO ORDERED. DATED: July 24, 2018 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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