Avila et al v. Maciejewski

Filing 29

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/2/15 ORDERING that defendants' November 30, 2015 ex parte application (Dkt. No. 28 ) is denied.(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERICA AVILA, et al.,

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No. 2:14-cv-2284 TLN CKD (TEMP)

Plaintiffs,
v.

ORDER

DANIEL MACIEJEWSKI, et al.,
Defendants.

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On November 30, 2015, defendants Daniel Maciejewski and Savage Logistics, LLC, filed

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an ex parte application for an order compelling the depositions of Erik Simonsen, Aaron LeGasse

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and North Coast Fabricators’ Rule 30(b)(6) designee[s] prior to the December 3, 2015 discovery

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deadline in this action. (Dkt. No. 28.) There is not sufficient time for the undersigned to consider

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and grant defendants’ request prior to the December 3, 2015 deadline.

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However, on November 19, 2015, defendants filed a motion to compel these same

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depositions. (Dkt. No. 23.) The assigned District Judge referred all the contents of that motion

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“including discovery deadlines that may influence the Court’s Pretrial Scheduling Order,” to the

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undersigned. (Dkt. No. 24.) Defendants’ motion is currently noticed for hearing before the

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undersigned on December 23, 2015. (Dkt. No. 25.) Moreover, on November 24, 2015, the

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parties filed a stipulation for “a limited extension of fact discovery” to allow the parties to “hold

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the depositions of Aaron LaGasse, Eric Simonsen and the four ‘persons most knowledgeable ...’”
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(Dkt. No. 26 at 3.)

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In this regard, although there is not sufficient time for the undersigned to consider

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defendants’ ex parte request, the undersigned is authorized to hear defendants’ motion to compel

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and consider reopening discovery, if appropriate, to allow for the depositions at issue. Moreover,

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it appears that the parties’ stipulation, currently under consideration by the assigned District

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Judge, may resolve their dispute.

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Accordingly, IS IT HEREBY ORDERED that defendants’ November 30, 2015 ex parte

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application (Dkt. No. 28) is denied.

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Dated: December 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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BVD/avila2284.exparte.den.ord.docx

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