Celtic International, LLC v. BNSF Railway Company

Filing 31

ORDER signed by Magistrate Judge Dale A. Drozd on 7/23/2015 DENYING 26 Defendant's Application for an order staying discovery; Defendant's motion for a protective order shall be heard on 8/7/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CELTIC INTERNATIONAL, LLC,

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No. 2:14-cv-2158 TLN DAD

Plaintiff,
v.

ORDER

BNSF RAILWAY COMPANY,
Defendant.

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On July 21, 2015, defendant BNSF Railway Company, (“BNSF”), filed an ex parte

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application for an order “staying eight depositions and discovery demands sought by [plaintiff]

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until such time as this Court may hear and rule upon BNSF’s Motion for a Protective Order” and

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setting BNSF’s motion to quash “for a hearing on August 13, 2015,” before the undersigned.

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(Dkt. No. 26 at 1-2.) Plaintiff filed an opposition to defendant’s ex parte application on July 22,

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2015, (Dkt. No. 28), and defendant filed a reply on July 23, 2015. (Dkt. No. 30.)

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Defendant’s ex parte application is based, in part, on the argument that the “depositions

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and document production discovery sought by [plaintiff] is not timely sought within the discovery

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completion date set forth in the Court’s Pretrial Scheduling Order as once continued . . . .” (Dkt.

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No. 26 at 4.) The current date set for the close of discovery in this action, however, is not until

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August 31, 2015. (Dkt. No. 21.) Moreover, defendant’s application indicates that at least one of

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the depositions at issue “may go forward,” but that the parties have a dispute as to the proper
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location for that deposition. (Dkt. No. 26 at 4-5.) Additionally, the depositions at issue are

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noticed for July 23, 2015, July 27, 2015 and July 28, 2015, rendering it impossible for the

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undersigned to hear defendant’s motion for a protective order prior to the dates set for the

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depositions.

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Accordingly, under the circumstances presented here, the undersigned will not grant

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defendant’s application to stay discovery. That is not to say that the undersigned finds all of

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defendant’s arguments without merit. Instead, the court simply cannot resolve the parties’ dispute

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prior to dates set for the noticed deposition and there is no reason to prohibit the parties from

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continuing to attempt to resolve their dispute while discovery in this action remains open.

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The court, however, will set defendant’s motion for a protective order for hearing before

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the undersigned on August 7, 2015. The undersigned anticipates that the parties will continue to

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attempt to resolve their dispute in good faith and proceed in the manner they believe appropriate

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until such time as the undersigned may rule on defendant’s motion for a protective order.

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Accordingly, IT IS HEREBY ORDERED that:
1. Defendant’s July 21, 2015 application for an order staying discovery (Dkt. No.

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26) is denied.
2. Defendant’s motion for a protective order shall be heard on Friday, August 7,

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2015, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, in

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Courtroom No. 27, before the undersigned.1 Any party may appear at the August 7, 2015 hearing

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telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the courtroom

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deputy of the undersigned magistrate judge, at [phone], no later than 48 hours before the

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hearing; a land line telephone number must be provided.

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Dated: July 23, 2015

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DAD6
Ddad1\orders.civil\celtic2158.stay.den.ord.docx

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The parties’ Joint Statement re Discovery Disagreement shall be filed on or before July 31,
2015. See Local Rule 251(a).
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